Saratoga City Zoning Code
ARTICLE IV
Regulations
§ 400-7 Applicability.
Except as hereinafter provided:
A.
No building or land nor any other facility such as a septic system shall hereinafter be changed in use and no building, part thereof, or such facility shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
No building shall hereinafter be erected, moved or altered:
C.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
§ 400-8.1 Area.
No lot shall be reduced in area so that any required area or open space will be less than prescribed in the regulations for the district in which said lot is located. This provision shall not apply when a portion of a lot is transferred to a public use.
§ 400-8.2 Existing lots.
[Amended 8-16-1983 by L.L. No. 2-1983]
Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot of less than the required area and/or width for a private dwelling unit in any district, provided that at the time of the passage or amendment of this chapter the lot was owned by or under contract of sale to persons other than those owning any adjoining lot unless such lot cannot meet the requirements of § 400-8.4B and C below. All other requirements of this chapter shall be met where possible. If questions arise as to which requirements must be met, the zoning administrative officer shall refer the matter to the Zoning Board of Appeals for disposition.
§ 400-8.3 Subdivision in Rural and Rural Residential Districts.
Other provisions of this chapter notwithstanding, nothing shall prohibit the owner of record, at the time this chapter is adopted, of a lot of 10 acres or larger in the Rural or Rural Residential District, from subdividing the lot into a maximum of four lots of a minimum of 40,000 square feet each.
§ 400-8.4 Sanitary facilities and water wells.
A.
Except where sewage disposal lines are connected to a public sewer system, an adequate sanitary disposal system, including an adequate septic tank and drainage field, shall be installed and maintained on each lot where the use of any building on the lot involves the disposal of sewage or other waste material. No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any corporation, partnership or individual, and no permanent building shall be erected thereon until a map of such subdivision in accordance with the applicable provisions of the New York State Sanitary Code shall be filed with and approved by the State Health Department, and such subdivision has been approved by the Town of Saratoga Planning Board in accordance with requirements for the approval of subdivision plans in the Town of Saratoga, New York.
B.
Requirements applicable to individual lots. Notwithstanding any other provision of this chapter, no building permit for the erection of any building the use of which requires the disposal of sewage or other waste material shall be issued by the Zoning Officer until such time as a percolation test, witnessed by said Zoning Officer, is conducted. If, in the discretion of the Zoning Officer, seasonal conditions prohibit the conduct of a valid percolation test, the test may be deferred. No certificate of occupancy, however, shall be issued until such test is successfully conducted.
[Amended 7-14-1986 by L.L. No. 2-1986]
(1)
All percolation tests required by this chapter shall be conducted in accordance with the New York State Waste Treatment Handbook, Individual Household Systems.
(2)
Should percolation tests result in a standard percolation test rate greater than 30 minutes, or in a finding of bedrock at a depth less than five feet, or groundwater at a depth of less than two feet below the designated bottom of a proposed tile field, a conventional in-ground septic system is not acceptable. In such instances, the owner of said lot shall submit to the Zoning Officer a plan for an alternative system. Such alternative system plan shall conform with an alternative system outlined in the New York State Waste Treatment Handbook, Individual Household Systems.
(3)
In the event an alternative system plan is required, no building permit shall be issued by the Zoning Officer until the alternative plan is approved by the Zoning Officer. If deemed appropriate, the Zoning Officer and/or the applicant should consult with the New York State Health Department on the best alternative system to be utilized.
C.
Separation requirements. The effluent from an optimally designed and operated sewage disposal system contains large amounts of dissolved nutrients which eventually may reach the groundwater. Also, some chemical contaminants and viruses are capable of traveling great distances if they reach the groundwater aquifer. To minimize the possible health hazard and pollution potential of this treatment, sewage subsurface disposal systems should be located as far as possible from drinking water supplies. All sewage disposal systems shall be installed in accordance with the separation distances outlined in the following table:
Separation Distances from Sewage Disposal Systems | |||||
|---|---|---|---|---|---|
Distance to (feet) | |||||
Sewage Disposal System | Well | Stream, Lake or Watercourse | Dwelling | Lot Line | |
Septic tank | 50 | 50 | 10 | 10 | |
Effluent line to distribution box | 50 | 50 | 10 | 10 | |
Distribution box | 100 | 100 | 20 | 10 | |
Absorption field | 100 | 100 | 20 | 10 | |
Seepage pit | 150 | 100 | 20 | 10 | |
Fill or built-up system | 100 | 100 | 20 | 10 | |
Evapotranspiration - absorption system | 100 | 50 | 20 | 10 | |
Sanitary privy pit | 100 | 50 | 20 | 10 | |
Privy, watertight vault | 50 | 50 | 20 | 10 | |
§ 400-8.5 Public utilities.
Nothing in this chapter shall restrict the construction or use of underground or overhead distribution facilities of public utilities operating under the laws of the State of New York.
§ 400-8.6 Automobile junkyards.
No automobile junkyard shall be hereinafter established in the Town of Saratoga. Existing junkyards shall be operated in full compliance with Chapter 272, Junkyards.
§ 400-8.7 Dumps.
[Amended 3-8-1989 by L.L. No. 1-1989]
No dump, dumping ground or sanitary landfill shall hereinafter be established in the Town of Saratoga.
§ 400-8.8 Additional Rural, Rural Residential, Rural District 2, and Conservancy District regulations.
A.
The minimum distance between accessory buildings shall be 15 feet.
B.
Roadside stands are allowed only as an accessory agricultural use to sell produce. Such stands shall be at least 25 feet from the street or highway right-of-way line and shall be provided with adequate off-street parking area.
C.
Swimming pools may be located in rear or side yards only. Inground pools must be adequately fenced for safety.
D.
External storage or continued parking of unoccupied mobile home(s) or more than one unregistered vehicle is prohibited.
[Added 7-13-1992 by L.L. No. 3-1992]
E.
Mining shall not be a permitted use nor a special permitted use in the Rural Residential District.
[Added 11-4-2004 by L.L. No. 9-2004]
§ 400-8.9 Additional Village Extension, Hamlet, Lake Commercial, and Lake Residential District regulations.
[Amended 5-22-2003 by L.L. No. 1-2003]
A.
The minimum distance between accessory buildings shall be 10 feet.
B.
External storage or continued parking of industrial equipment, unoccupied mobile home(s) or more than one unregistered motor vehicle is prohibited.
C.
Swimming pools may be located in rear or side yards only. Inground pools must be adequately fenced for safety.
D.
Building height (as defined in this chapter) shall not exceed 34 feet.
[Added 7-19-2004 by L.L. No. 6-2004; amended 5-12-2014 by L.L. No. 1-2014]
§ 400-8.10 Prohibited uses.
Those uses not specifically permitted by this chapter are prohibited.
§ 400-8.11 Mixed uses.
[Amended 8-16-1983 by L.L. No. 2-1983; 5-13-2019 by L.L. No. 1-2019]
A.
The mixed use of property in the Town, as defined in this chapter, is allowed as a use requiring a special permit in the following zoning districts: Rural, Rural Residential, Hamlet, Conservancy and Lake Commercial. The minimum lot area, lot width, frontage, yard dimensions and building coverage for a mixed use shall be the minimum dimensions specified in the respective zoning districts for the permitted use having the higher requirements.
B.
Unless otherwise allowed by this chapter, in all other zoning districts of the Town, no more than one principal building or use shall be established on any lot.
§ 400-8.12 Steep slopes; erosion and sediment control.
[Added 5-22-2003 by L.L. No. 1-2003]
A.
Applicability; intent. This regulation applies to all land use ordinances. It strives to prevent major impacts of development on the hydrological environment. The primary approaches used will be to limit clear cutting of forests and to provide natural buffer zones within reasonable distances of the shores of Saratoga Lake, major streams and the Hudson River.
B.
Purpose.
(1)
The purpose of these control measures is to limit erosion, reduce sediment transport, and prevent the introduction of man-made pollutants in the Town's water drainage and reservoir systems. Specific geologic concerns addressed are aquifers, unstable soils, floodplains, wetlands, lakes, wells, and storm drainage. Biological concerns include natural aquatic plants, plus preservation of life cycle environments for nondomesticated animals.
(2)
The Planning Board must consider the impact of the action with special concern that the proposed activity is properly managed and that the long-term adverse impact to the aquifer, slopes, waterways and reservoirs is minimal. It should not be the objective to further restrict farming operations.
C.
Submittal requirements. When a disturbance is proposed for slopes or near streams and reservoirs, the following regulations must be followed and an explanation of how they are being addressed must accompany applications to the Zoning Officer or to the Planning Board. Documents to be provided should include a land survey with applicable topographical and hydrological features.
D.
Development standards.
(1)
No development will be permitted in a fifty-foot buffer zone at the sides of a designated wetland, of significant flowing streams (designated by the DEC and normally flowing more than six months per year) or active reservoir (greater than 1/10 acre with a six month-per-year discharge). When average slopes next to the stream exceed 10%, a special review and consultation will be required by the Town Planning Board prior to establishing a development buffer.
(2)
Development includes any activity that temporarily disturbs 10% of the buffer zone between the plot and the water. Permanent development is not allowed in the buffer zone unless reviewed by the Town Planning Board. Possible permitted uses would be walking path access or slope stabilization. During development of the remaining plot, silt fences will be required for existing or proposed slopes of greater than 10% in the construction zone.
(3)
No activity will be permitted within the buffer zone that contributes to stream pollution, such as septic systems and pesticides. Storm drainage through the buffer zone must be designed to prevent erosion and sediment transport and must not exceed the flow rate that existed prior to the proposed development.
(4)
Land clearing proposals of greater than 20% of wooded slopes that exceed 10% must provide plans to the Town Planning Board that address erosion control, bank stabilization, sediment transport and visual impact.
(5)
No disturbance shall be created on areas of steep slopes greater than 25% (greater than 6.25 vertical feet in 25 horizontal feet) unless the Zoning Officer or Planning Board determines that:
(6)
No disturbance shall be created on areas of steep slopes greater than 35% (greater than 8.75 feet of vertical rise in 25 horizontal feet) unless the Zoning Officer or Planning Board determines that:
(a)
Land disturbance has been restricted to the maximum extent practicable;
(b)
Disturbance is clearly needed for foot paths and essential utility corridors; and
(c)
There is no practical alternative available to enable access to or within a tract or upon an existing lot and without such access substantially all reasonable use of the tract or lot would be precluded.
(7)
All requests to Town Planning Board must be reviewed and approved by Town Engineer.
(8)
When considering an application which includes the disturbance of steep slopes, the Zoning Officer or Planning Board shall seek to minimize, to the greatest extent practicable, the negative impacts of such development. In so doing, the Zoning Officer or Planning Board shall ensure that:
(a)
Excavation, filling, grading and stripping shall be permitted to be undertaken only in such locations and in such a manner as to minimize the potential of erosion and sediment and the threat to the health, safety and welfare of neighboring property owners and the general public.
(b)
Steep slopes are protected to the extent feasible by assuring that:
[1]
Disturbance is limited to ground areas clearly needed for development by using cluster or open space design principles whereby lots, structures, utilities and other improvements are located in areas most suitable for development.
[2]
The padding or terracing of a building site, including mounding of septic tile fields, shall be minimized.
[3]
Roads and driveways follow natural topography, and minimize grading.
[4]
Natural elevations and vegetative cover of ridgelines shall be disturbed only if the crest of the ridge and the tree line at the ridge remains uninterrupted either by positioning buildings and areas of disturbance below the ridgeline or by positioning buildings and areas of disturbance at the ridgeline so that the roof line of the building is seen as a continuation of the natural tree line.
[5]
Sewage disposal systems and wells are sited to minimize fill requirements, and the potential for disturbance, erosion, sinking, and slope failure.
[6]
Grading, cuts and fills are minimized and, to the greatest extent possible, a natural appearance is retained upon completion of the activity.
[7]
The angle of slope created by a cut or fill does not exceed the natural angle of repose of the soil or rock materials in the cut or fill, except where retaining walls or other structural stabilization is used. Generally, for soils, angles of a cut or fill shall be no steeper than 33 vertical to 100 horizontal feet (33% slope), except up to 50 vertical to 100 horizontal (50% slope) may be permissible for certain soils designated by a qualified professional engineer, architect or landscape architect.
[8]
Tops and bottoms of cuts and fills are set back from structures and property lines a distance that will ensure the safety of the structure and neighboring property in the event of the collapse of the cut or fill.
[9]
Removal of rock or rock outcrop is accomplished by labor or machines. Blasting is minimized, and any blasting that is required is done in accordance with federal and state regulations by a person holding a current Class A or Class B certificate of competence from the New York State Department of Labor.
[10]
Disturbance on steep slopes within 50 feet of a water body, watercourse or wetlands is avoided to the maximum extent feasible.
[11]
Disturbance of steep slopes is undertaken in workable units in which the disturbance can be completed within one construction season. Areas shall be seeded and planted immediately after completion of disturbance to prevent erosion and slope failure.
(9)
This regulation does not alter or reduce any constraints imposed by the NYSDEC or the US Army Corps of Engineers.
E.
Exempted from regulations. The following uses are exempted from the previously mentioned regulations. Nonetheless, every effort should be made to abide by the above development standards:
§ 400-8.13 Flag lots.
[Added 5-22-2003 by L.L. No. 1-2003]
A.
Definition. As used in this subsection, “flag lot” shall be defined as set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Purpose and intent.
(1)
The use of flag lots is generally discouraged. The primary objective is to prevent incremental development that unnecessarily uses valuable farmland and degrades the open space perspective of the Town. Allowing limited flag lots allows the Planning Board the flexibility to negotiate the set-aside of roadside views and agriculturally used lands to get a better land use pattern than would be achieved by the straight road frontage rule.
(2)
The second objective is to plan for the proper use of our roadway system by limiting public road access points.
C.
Submittal requirements. At a preliminary hearing, the requester must provide graphical representation of the total contiguous property involved as well as a narrative outlining how the project would proceed. An eight-inch-by-ten-inch photo shall be provided to show potential open space views that would be preserved.
D.
Development standards.
(1)
A single flag lot of one acre may be approved by the Planning Board if an equivalent sized lot or larger is legally set aside that forfeits future development rights and which provides an unobstructed (by structures) open space view from the road or public waterways. The driveway to the proposed lot must be a minimum of 30 feet in width. The driveway must be legally attached to the flag lot owner or to an association of lot owners under legal agreement. Property cannot be landlocked by the implementation of this regulation. Therefore, access rights-of-way and setbacks for backland development or usage must be presented at time of request for approval.
(2)
The lot shall be large enough to contain the minimum lot area for the zone, as required by the this chapter, without including the area within the driveway access strip. The lot width and setbacks shall comply with the zoning requirements for the zone in which the lot is located.
(3)
Flag lots will not be approved if they will cause an additional public road access for a minimum of 600 feet to existing driveways on the property of the seller. This rule would prevent the request for flag lots every 240 feet. Requests for closer flag lots require going through subdivision review.
(4)
All driveways to flag lots must be accessible to and be able to hold a fifty-thousand-pound thirty-foot long vehicle, as determined by a licensed engineer. All lots with driveways longer than 200 feet shall have facilities for a turnaround with sufficient stabilized surface for fire trucks within 100 feet of any structure.
(5)
In situations where the above requirements cannot be met or where environmental and scenic considerations are paramount, the Planning Board can permit access to a final one-residence flag lot if deed restrictions are imposed. This standard prevents future incremental land development of difficult properties.
§ 400-8.14 Keeping of animals for non-farm purposes.
[Added 5-22-2003 by L.L. No. 1-2003]
Notwithstanding the land uses permitted by this chapter, the following regulations shall apply to the keeping, including the temporary keeping such as boarding, of animals in any zoning district for purposes other than agricultural pursuits
A.
In the absence of a special use permit and site plan approval as specified in this chapter, the keeping of large animals, including but not limited to horses, ponies, cattle, goats, pigs, or sheep, shall meet the following minimum area requirements:
B.
The Planning Board may issue a special use permit for the keeping of animals upon lots containing less than the minimum area set forth above, subject to site plan approval, provided that the applicant shall meet all conditions and satisfy the criteria applicable, and provided, further, that the Planning Board shall find that adequate open space and facilities for the proper care of such animals are available and will be established, and that the keeping of such animals will not interfere with the reasonable use and enjoyment of the property of others.
C.
Manure storage shall be located a minimum of 100 feet from any property line or a minimum of 200 feet from a property line up gradient from an existing well.
§ 400-8.15 Commercial vehicles and construction equipment in Rural District 2 and Lake Residential Zoning Districts.
[Added 1-11-2016 by L.L. No. 1-2016]
The inside or outside parking, cleaning, maintenance or storage of commercial vehicles or of construction-related equipment, other than a commercial pickup truck or a compact tractor, and the outside storage of construction materials on premises in the Rural District 2 and Lake Residential Zoning Districts is prohibited, except during the active loading or unloading of merchandise, the active performance of a commercial service for the premises, or in conjunction with a permitted construction project.
§ 400-9 Applicability of New York State Environmental Quality Review Act and New York State Freshwater Wetlands Act.
A.
Notwithstanding any other section of this chapter, no use requiring review in accordance with the New York State Environmental Quality Review Act regulations shall be established nor shall a building permit be issued for the establishment of such use until all requirements of the regulations have been met.
B.
Notwithstanding any other section of this chapter, no regulated use may be established nor shall a building permit be issued for the establishment of such a use in a wetland as defined by the New York State Freshwater Wetlands Act until any and all necessary permits are issued by the New York State Department of Environmental Conservation.
§ 400-10 Mobile homes
[Amended 7-14-1986 by L.L. No. 2-1986]
A.
In addition to any other requirement of this chapter, no mobile home shall be placed in the Town of Saratoga unless it is in compliance with the State Code for Construction and Installation of Mobile Homes.
B.
All mobile homes placed in the Town of Saratoga following adoption of this chapter shall be placed on a permanent foundation or floating slab and be appropriately skirted. Mobile homes not anchored to a foundation or slab shall be held in place by tie-downs.
C.
Upon application to the Zoning Officer, a temporary certificate of occupancy may be authorized to allow a mobile home, as herein defined, to be occupied while a permitted dwelling unit is being constructed on the same lot. Such temporary certificate of occupancy shall be valid for a period not to exceed one year from the date of issue and is not transferable. No certificate of occupancy shall be issued upon the permitted dwelling unit until such time as the mobile home is removed from the site.
D.
Such mobile homes placed pursuant to a temporary certificate of occupancy shall be exempt from the requirement of a permanent foundation or floating slab.
§ 400-11 Mining.
[Amended 7-19-2004 by L.L. No. 6-2004]
Notwithstanding any other section of this chapter, all mining as herein defined shall be conducted in compliance with the New York State Mined Land Reclamation Law, Article 23 of the Environmental Conservation Law. There shall be a minimum 75 foot setback from all property boundaries within which no mining activity may be conducted.
§ 400-12 Nonconforming uses.
Except as otherwise provided herein, the lawful use of any building, structure or use of land existing at the time of the adoption of this chapter or amendment thereof may be continued, although such use does not conform with the provisions for the district in which it is situated.
A.
Unsafe buildings. Any nonconforming building or portion thereof declared unsafe by the Town Board may be restored to a safe condition.
B.
Repair and restoration. Any nonconforming building or portion thereof may be repaired or restored if partially or totally destroyed other than by deliberate act of the owner. Any such repair or restoration, however, shall be to reestablish the same nonconforming use. Additionally, the dimensions of the repaired or restored building shall not exceed, unless approved by the Planning Board, those of the original building. In no case shall the front, side and rear yard dimensions of the repaired or restored building be less than those of the destroyed building.
[Amended 7-19-2004 by L.L. No. 6-2004]
C.
Abandonment.
(1)
Once abandoned, a nonconforming building, structure or use of land shall not be reestablished unless such reestablishment is approved by the Zoning Board of Appeals. When reviewing an application for the reestablishment of an abandoned nonconforming use, the Zoning Board of Appeals shall employ the criteria necessary for the granting of a use variance.
(2)
Abandonment shall be deemed to occur when a nonconforming building, structure or use of land has been continuously vacated for two years or longer.
D.
Displacement. No nonconforming use shall be extended to displace a conforming use.
E.
Alteration and extension. A nonconforming use of any building, structure or land shall not be enlarged or extended, unless as set forth in this section, and no nonconforming building or part thereof shall be altered, unless the altered or enlarged portion shall be changed to a condition and use permitted by this chapter.
(1)
Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time of the adoption of this chapter or amendment thereof, and the natural production use of any lot being made on the date of this chapter or amendment thereof may be extended throughout said lot.
(2)
A nonconforming building, structure or use of land may be changed to another nonconforming use which, in the opinion of the Planning Board, is of the same or less intensive classification.
(3)
In considering requests for changing one nonconforming use to another, the Planning Board shall consider the need for the requested change, its impact on adjacent properties and the ability of the lot to accommodate the proposed change. The Planning Board may require reasonable conditions to be made part of the approval of the requested change.
§ 400-13 Telecommunication towers.
[Added 8-10-1998 by L.L. No. 1-1998]
A.
Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Saratoga; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunication towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunication towers by requiring careful siting, visual impact assessment, and appropriate landscaping.
B.
Application of special permit regulations.
(1)
No telecommunication tower, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunication tower unless in conformity with these regulations.
(2)
Applicants proposing to collocate on a previously approved telecommunication tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection C of this section. The Planning Board may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
The regulations shall apply to all property within the Rural Zoning District. Telecommunication towers shall be specifically excluded from all other zones. However, shared use of existing tall structures, as defined in, and regulated by, Subsection C will be permitted in all zoning districts.
(4)
Applicants for construction of new telecommunication towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (FAR) Part 77. Additionally, no application for construction of a new telecommunication tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77 Subpart C, Obstruction Standards.
C.
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example municipal water towers, multistory buildings, church steeples, farm silos, etc.), and existing or approved towers [see Subsection B(2) above], shall be preferred to the construction of new towers.
(1)
An applicant proposing to share use of an existing tall structure shall be required to submit:
(a)
A completed application for a special permit, together with an application fee in the amount of $5,000.
[Amended 5-14-2007 by L.L. No. 1-2007]
(b)
Documentation of intent from the owner of the existing facility to allow shared use.
(c)
A site plan. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(d)
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify to the above.
(e)
A completed short EAF and a completed visual EAF addendum.
(f)
A copy of its Federal Communications Commission (FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits completed and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through T below.
D.
New telecommunication tower. The Board may consider a new telecommunication tower when the applicant demonstrates that shared use of existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written request and responses for shared use shall be provided.
E.
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures, and existing or approved towers, is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of Subsections G through T below.
F.
New tower at a new location. The Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in Subsection D above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunication tower shall be subject to the requirements of Subsections G through T below.
G.
New towers: future shared use. The applicant shall design a proposed new telecommunication tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. The letter shall commit the new tower owner and his/her successors in interest to:
(1)
Respond within 90 days to a request for information from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
H.
Site plan review: submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with § 400-32B and this section. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit a complete short EAF, a complete visual environmental assessment form (visual EAF addendum), and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.
I.
Lot size and setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all ice-fall or debris from tower failure and preserve the privacy and safety of any adjoining residential properties.
(1)
Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Board determines that this provision may be waived.
(2)
Telecommunication towers shall comply with all existing setback requirements of the underlying zoning district, or shall be located with a minimum setback from any property line equal to the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
J.
Visual impact statement. The Board may require the applicant to undertake a visual impact assessment which may include:
(1)
A "Zone of Visibility Map" shall be provided in order to determine locations where the tower may be seen.
(2)
Pictorial representation of "before and after" views from key viewpoints both inside and outside the Town, including, but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate sites at a presubmission conference with the applicant.
(4)
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
K.
New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(3)
The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
(4)
The Board may require a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new tower. The cost of this review shall be borne by the applicant.
(5)
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(6)
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including, but not limited to, company name, phone numbers, banners and streamers.
L.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.
M.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
N.
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the top of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
O.
Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.
P.
Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
Q.
Lighting. There shall be no lights placed on the tower, either steady or flashing, unless such lighting is required by Federal Aviation Administration regulations. Lighting, if required, shall be at a minimum and according to the least intrusive design.
R.
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIV.
S.
Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunication tower in a neighboring municipality is considered for shared use, and to assist in the continued development of County 911 services, the Board shall require that:
(1)
An applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each municipality that borders the Town of Saratoga, the Saratoga County Planning Board, and the Director of the Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower, and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Board at the time of the application.
T.
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.
§ 400-14 Conservation subdivision development (CSD).
[Added 5-22-2003 by L.L. No. 1-2003[1]]
A.
Purpose and intent.
(1)
The purpose of this regulation is to implement the recommendations in the Town of Saratoga 2002 Comprehensive Land Use Plan. This regulation is a guideline to the eligibility, design, review and approval process for developments that preserve open land, reduce sprawl, enhance visual character, and practice environmental conservation. It is intended to permit flexibility and creativity for continued residential growth. Proper implementation should also enhance property values. Conservation subdivision development is the preferred technique when requesting approval of a subdivision.
(2)
It is the intent of this regulation to provide residential developments that respect, conserve and enhance current topography, natural habitats, forests, hydrological, archeological, historical and visual features of the Town. In the implementation of this regulation, primary consideration will be focused on the preservation of forest lands, open space and viable farmland. This approach, conservation subdivision design, is also intended to provide a means for diversity of housing that includes low-, middle- and upper-income residential communities.
B. BASE DENSITY BUILDABLE LAND CONSERVATION SUBDIVISION DESIGN COMMUNITY OPEN SPACE GREEN SPACE IMPERVIOUS COVER NATURAL CONDITION OPEN SPACE OPEN SPACE DEVELOPMENT UNBUILDABLE LAND
Definitions. As used in this section, the following terms shall have the meanings indicated:
The original density permitted under the property's zoning district.
The total land area minus lands identified as unbuildable (see definition).
Lot clustering that provides a flexible density-neutral approach for a fair and equitable way to balance conservation and development objectives.
The area of open space remaining after natural open space has been designated. The area may be used for passive or active recreation for stormwater management.
Open space maintained in a natural, undisturbed or revegetated condition.
Any surface in the urban/suburban landscape that cannot effectively absorb or infiltrate rainfall.
The topography and vegetation of an area that is unaltered by clearing and grading during construction and protected in perpetuity.
A portion of a development site that is permanently set aside for public or private use and will not be developed. Open space may be used as community open space or preserved as green space.
A development pattern that arranges the layout of buildings in a compact area of the site so as to reserve a portion of the site for community open space or green space and is protected in perpetuity.
The area of a site that includes wetlands and submerged area, slopes of 25% or more, and the one-hundred-year floodplain.
C.
Requirements for eligibility. Conservation subdivision development (CSD) will be permitted wherever practical in the zoning districts listed in Subsection C(3) below. As such, review and permit authority is through the Planning Board.
(1)
Number of lots. CSD is the preferred method of subdivision for all projects that propose more than four residential lots on 10 acres or more.
(2)
Minimum parcel size. The minimum parcel size for CSD shall be 10 acres or greater of buildable lands.
(3)
Zoning districts. CSD is the preferred method of subdivision in the Rural District, Rural District 2, and Rural Residential Zoning Districts.
D.
Procedural elements.
(1)
Each step of the design process must be discussed and approved by the Planning Board with fees paid prior to the presentation of the preliminary design. Additional costs for experts needed by the Planning Board may also be levied if the developer is made knowledgeable of the action.
(2)
Submittal requirements. A preapplication review meeting is strongly encouraged. The primary purpose of this meeting is to introduce the potential applicant to the intent of the standards and procedures of this section. Subsections E, F, G and H describe the specific dimensional requirements, design process, design standards, and ownership, use and maintenance of open space.
(a)
Conceptual and preliminary subdivision plans.
[1]
Conceptual subdivision plan. The developer must meet with the Planning Board to discuss the proposed development and should do so before expending significant engineering funds. Materials needed for the discussion must include:
[a]
Site context map, which illustrates the parcel in relation to its surrounding neighborhood. This map should be to scale and show various kinds of major natural resource areas or features, particularly if they cross parcel lines or adjoining lands.
[b]
Site analysis map, which locates and describes noteworthy resources that should be protected. This map identifies topography, boundaries, intended density and the location of special resources and features. Special resources and features include unbuildable areas such as wetlands, one-hundred-year floodplains and steep slopes greater than 25%, mature woodlands, hedgerows, farmland, unique or special wildlife habitats, historic, archeological or cultural features, vistas, unusual geologic formations, and scenic views onto and off of the parcel. Water bodies, significant or endangered plant life (where readily definable), and probable soil composition should also be identified on the site analysis map.
[c]
Alternative layouts for the proposed development, which consider that a minimum of 50% of the buildable property will be set aside as open space.
[2]
Preliminary subdivision design plan. The preliminary design is a formalization of the conceptual design and must be done by a certified landscape architect or professional engineer. It should have been developed in the following manner:
[a]
Verify the extent of conservation areas regulated by law, such as floodplains and wetlands. Graphically represent the secondary limitations imposed by this regulation identified in the site analysis map.
[b]
Identify common recreational space, including proposed improvements such as trails.
[c]
Locate the housing sites in a fashion that respects the intent of this section, plus delineates the private yards and shared amenities so as to provide a rational integrated community.
[d]
Align the streets and community pathways to properly connect the previously established residential sites.
[e]
Draw property lines so that no property is less than one-half an acre, unless both municipal sewer and water are available.
[f]
Identify the projected price range for individual properties and residences.
[3]
This approach is recommended and is understood to be somewhat iterative. Development of septic systems, roads, sidewalks and stormwater control must meet the Town standards. When planning for stormwater control and on-site septic systems, the community may use access to certain areas of the restricted lands if these lands are restored to the predevelopment condition. Specific design standards for the conservation subdivision development are described in Subsections E through H.
(b)
The final subdivision design plan represents the projects' final submittal and should contain the final, detailed engineering drawings of the agreed-upon subdivision design. The plan must include standard notations, plot plan, buildable areas for residences, restricted conservation lands, circulation roadway/pathway designs, stormwater control measures, landscaping, septic system designs, soil examination test results, water quality reports, and water quantity estimates.
(c)
Residential cluster subdivisions (including CSDs) shall be approved by the Planning Board simultaneous with their approval of the subdivision plat pursuant to the Town of Saratoga Subdivision Regulations or its replacement or update. A public hearing shall be held prior to rendering a decision.
E.
Dimensional requirements.
(2)
The Planning Board encourages applicants to modify lot size, shape, and other dimensional requirements for lots within a CSD, subject to the following limitation:
(a)
At least 50% of the required setbacks for the district shall be maintained in the CSD unless the Planning Board otherwise authorizes a reduction.
F.
Design process. At the time of the application for a special permit for CSD in conformance with Subsection D(1), applicants are required to demonstrate to the Planning Board that the following design process was performed by a certified landscape architect and considered in determining the layout of proposed streets, house lots, and open space.
(1)
Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area will be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas. Because the design process intends to maximize the intrinsic value of a parcel of land, the house sites are located before the roads are laid out, ensuring that the former will dictate the latter and not vice versa. Therefore, emphasis is placed on principles of good landscape design and not solely engineering.
(2)
Step Two: Locating House Sites. Locate the approximate sites of individual houses within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of homes enjoying the amenities of the development should be maximized.
(3)
Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.
(4)
Step Four: Lot Lines. Draw in the lot lines.
G.
Design standards. The following design standards shall apply to all CSDs and shall govern the development and design process:
(1)
Open space. A minimum of 50% of the tract shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town, shall be subject to a recorded restriction enforceable by the Town.
(2)
All open space shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
(3)
Lands that are not usable for the purposes of calculating density are not usable for the purposes of calculating open space.
(4)
The open space shall be contiguous. "Contiguous" shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this section and/or protect identified primary and secondary conservation areas.
(5)
The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
(6)
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
(7)
The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
(8)
Clustered lots should be separated from active farmland by vegetated buffer strips of 75 feet to 100 feet wide.
(9)
Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
ILLUSTRATION OF CONSERVATION VS CONVENTIONAL SUBDIVISION DESIGN Source: Arendt | |
 |
H.
Ownership, use, and maintenance of open space.
(2)
The open space shall be used for wildlife habitat and conservation, historic preservation, education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or a combination of these uses, and shall be served by suitable access for such purposes. Wastewater and stormwater management systems serving the CSD may also be located within the open space.
ILLUSTRATION OF A CONSERVATION SUBDIVISION DESIGN Source: Forth & Van Dyke | |
 |
[1]
Editor's Note: This local law also repealed former Art. IV, Sec. 8, Cluster development, added 8-10-1998 by L.L. No. 3-1998.
§ 400-15 Water regulations.
[Added 3-13-2006 by L.L. No. 1-2006]
A.
Requirements for building permit. The applicant for a building permit for new construction must either be within an established New York State Department of Environmental Conservation approved water service area and have a water main extension agreement or have evidence of a valid water contract with a water company or evidence of the potability and availability of water from a well. The well, therefore, must be drilled, driven, or dug, and proven and tested prior to issuance of a building permit for any structure.
B.
Regulations for residential water wells.
(1)
General. A private water supply well to serve an individual lot shall be developed and tested in accordance with Appendix 5-B of the Regulations of the New York State Department of Health (as approved November 23, 2005, or as thereafter amended), and all New York State Department of Environmental Conservation and New York State Department of Health standards.
(2)
Types of water supply. Studies show that drilled wells are less likely to become contaminated, so drilled wells are the most preferred. Driven wells may also be acceptable if prevalent soil conditions make their use feasible. Dug wells will be allowed if it is an adequate supply and the well design and installation are certified by a qualified licensed professional.
(3)
Quantity requirements. All wells shall be tested for yield and drawdown for at least a four-hour stabilized duration by a certified National Groundwater Association well driller, qualified hydrogeologist or qualified licensed professional, and a minimum sustaining well yield of five gallons per minute shall be obtained. The testing shall also document minimal well interference with existing wells within 200 feet of the proposed well. Wherever five gallons per minute cannot be obtained, well interference is evident, or the area is known or suspected of having low-yielding wells, all proposed water supply systems shall be designed by a certified National Groundwater Association well driller or qualified licensed professional, and the required testing shall follow the guidelines below.
(a)
For a one-family home on an individual lot or any residential subdivision, a four-hour stabilized water drawdown pump test shall be run by a certified National Groundwater Association well driller or supervised by a qualified licensed professional or qualified hydrogeologist. Said test shall yield a minimum of two gallons per minute to demonstrate a minimally adequate yield and have sufficient storage as designed by a certified National Groundwater Association well driller or a qualified licensed professional. The Town will follow NYS DOH Part 5, Subpart 5-1, standards for water wells when referencing well casing storage. The well pump shall be sized or restricted to pump no more than the stabilized well flow rate.
[Amended 4-8-2024 by L.L. No. 2-2024]
(4)
Quality requirements. Compliance with drinking water standards shall be established by examination of samples submitted to a laboratory approved for such purpose by the State Commissioner of Health. The sample must test negative for any amount of coliform bacteria.
§ 400-16 Adult use businesses.
[Added 10-11-2006 by L.L. No. 7-2006]
A.
Definitions.
(1)
For the purposes of this section, an "adult use business" shall be defined as any business which:
(a)
Is the use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined; and .
(b)
Is any use of land, structure or location which, by the provisions of the New York Penal Law or other New York law, is required to restrict the access thereto by minors; and
(c)
Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and
(d)
Is a location, building or structure used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(2)
Adult use businesses. Adult use businesses, including adult bookstores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets, and adult drive-in theaters, shall be defined as follows:
(a)
An "adult bookstore" is defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(b)
An adult video store is defined as an establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(c)
An adult motion-picture theater is defined as a building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(d)
An adult mini-motion picture theater is defined as an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(e)
An adult cabaret is defined as an establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
(f)
An adult drive-in theater is a drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(g)
An adult physical contact establishment is defined as any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
B.
Location in Rural Zoning District. Adult use businesses may be located only in the Rural Zoning District upon issuance of a special permit. The area requirements for an adult use business shall be as set forth in Article IX.
C.
Locational requirements.
(1)
No adult use business shall be established within 1,000 feet of any of the following:
(a)
Public or private school.
(b)
Church or other house of worship.
(c)
Licensed day-care center, nursery school or preschool.
(d)
Public library.
(e)
Public park, playground or forest preserve.
(f)
Public recreation or community center.
(g)
Senior center.
(h)
A fire station or ambulance/emergency response facility.
(i)
Cemetery.
(2)
No adult use business shall be established within 1,000 feet of any residential dwelling, or within 1,000 feet of any other adult use business.
(3)
Any private booths or areas within such adult use businesses, either for the viewing of motion pictures or live performances, shall be subject to the following requirements:
(a)
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common areas of the establishment and there shall not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment.
(b)
Such private viewing areas shall be well lighted and readily accessible at all times and shall continuously be open to view.
(c)
Lighting throughout the adult establishment shall be sufficient to illuminate every area to which patrons are permitted access.
(4)
All adult use business shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window, or by means of a depiction or decoration, or to allow to be displayed or exhibited, any specified anatomical areas or specified sexual activities.
(5)
The exterior appearance of any building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
(6)
Adult use businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(a)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements which contain nude, semi-nude or provocative pictures or silhouettes shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements which contain nude, semi-nude or provocative pictures shall be located a minimum of six feet from any window or door, and shall not be visible from the exterior of the establishment.
(d)
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
(7)
Adult use businesses shall be required to meet all zoning and construction standards and requirements of the laws of the Town of Saratoga, including, but not limited to, lot and bulk regulations, parking requirements, signage, facade and screening regulations.
D.
Application procedure. An application for an adult use business shall be considered an application for a special use permit and the procedures shall be the same as set forth in Article VIII of this chapter. The application fee shall be $1,000. All requirements of this section shall apply to such applications. Special use permits for adult use businesses shall be effective for a period of one year only and must be annually renewed upon application to the Town of Saratoga Planning Board.
E.
Violations. The violation of this section shall be a Class A misdemeanor. In addition, any person violating this section shall be liable to a civil penalty of $1,000 to be recovered by the Town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this section. The Town may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of this section. The use of any remedy shall not prevent the use of any other remedy hereafter.
§ 400-16.1 Wind energy conversion systems.
[Added 4-14-2008 by L.L. No. 3-2008]
A.
Purpose. For the purpose of protecting the general public of the Town of Saratoga and properties adjacent to wind energy conversion systems (WECS) from indiscriminate placement, and related health and safety problems, the following rules and regulations shall apply.
B.
Definitions. See Appendix A.
C.
Regulations. Noncommercial WECS shall be allowed by special use permit in any zoning district; commercial WECS are a prohibited use in all zoning districts of the Town. All WECS shall conform to the following regulations.
D.
Application. An applicant for a special use permit for a WECS shall submit a site plan to the Planning Board, which meets the requirements of § 400-32, together with an application fee of $200. In addition, the following information shall be submitted and prepared:
(1)
A site plan drawn in sufficient detail to show the following:
(a)
Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance.
(b)
Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.
(c)
Property lot lines and the location and dimensions of all existing structures and uses on site within 500 feet of the system.
(d)
Surrounding land use and all structures within 500 feet of the WECS location.
(e)
Dimensional representation of the various structural components of the tower construction, including the base and footing.
(f)
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
(g)
For any tower exceeding 50 feet in height (not including blades), certification by a registered professional engineer or a manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.[1]
(2)
A short-form EAF shall be required for a noncommercial WECS.
E.
Setback. The minimum required setback for any WECS tower (except for a vertical axis WECS) from property lines, overhead utility lines, or other WECS shall be equal to 1.5 times the proposed structure height, including blades. The minimum setback for a vertical axis WECS shall be the overall height of the WECS plus 10 feet.
[Amended 10-12-2011 by L.L. No. 3-2011]
F.
Noise. WECS towers shall be properly maintained and operated at all times and shall be located with relation to property lines so that the noise produced during operation shall not exceed 50 dbA, measured at the boundaries of all contiguous parcels that are owned by nonsite owners.
G.
Electromagnetic interference. WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communications Commission contained in 47 CFR Parts 15 and 18.
H.
Safety.
(1)
No WECS shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(2)
The minimum distance between the ground and any part of the rotor blade system shall be 30 feet, except in the case of a roof-mounted WECS.
(3)
The permittee shall meet all FAA requirements as to lighting.
(4)
For a vertical axis WECS, the minimum distance between the ground and any part of the rotating blades or rotor cage shall be 12 feet, except in the case of a roof-mounted unit.
[Added 10-12-2011 by L.L. No. 3-2011]
I.
Height.
(1)
Noncommercial WECS shall not exceed a total height of 100 feet, including rotor blade.
(2)
A vertical axis WECS shall not exceed a total height from the ground of 50 feet overall, including the rotor blades or rotor cage. This overall height limitation shall also apply to roof-mounted units.
[Added 10-12-2011 by L.L. No. 3-2011]
J.
Visual. The Planning Board in its discretion may require the applicant to undertake a visual impact assessment. This may include such maps, photos, computer-enhanced photos, or other materials as are reasonably necessary to assist the Board in evaluating visual impact. No individual WECS shall be installed at any location which, in the opinion of the Board, would substantially detract from or block the view from a scenic vista or scenic corridor.
K.
Aesthetics. No advertising signs or language may appear on any WECS tower or blade. A WECS shall be painted in neutral colors only.
L.
Abatement. If any WECS remains inoperative for a continuous period of 12 months, the owner shall remove said system within 60 days upon notice by the Town of Saratoga Code Enforcement Officer. Such removal shall include at least the entire aboveground structures from the property.
[Added 10-12-2011 by L.L. No. 3-2011]
§ 400-16.2 Camping grounds.
[Added 3-8-2010 by L.L. No. 1-2010]
A. CAMPING GROUNDS CAMPSITE GROSS SITE AREA POTABLE WATER RECREATIONAL VEHICLE SEWAGE UNUSABLE LAND USEABLE LAND
Definitions. As used in this section, the following terms shall have the meanings indicated:
A parcel or tract of land including buildings or other structures where five or more campsites are available for temporary overnight occupancy.
A portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.
The area of land contained within the boundaries or property lines of a parcel of land, including wetlands, submerged area and steep slopes. Gross site area is used for calculating usable density.
Water fit for human consumption, food preparation, culinary, lavatory, bathing and laundry purposes.
A vehicular camping unit primarily designed as temporary living quarters for recreational camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, travel trailers and truck campers. These vehicles may also have electrical connections, showers or other appliances.
Waste from a toilet, privy, bath, shower, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any fixture or equipment or machine.
The area of a site that includes wetlands, submerged areas and slopes of 25% or more.
The total land area of a gross site minus wetlands, submerged areas, and slopes of 25% or more. For the purpose of calculating useable land, wetland buffers, yard setbacks, buffer areas, roads, recreational areas and parking shall be included.
B.
Camping grounds may be allowed as a special permitted use in the Rural, Rural Residential, Lake Commercial and Conservancy Zoning Districts upon approval of a special use permit by the Planning Board.
C.
Camping grounds shall be occupied by recreational vehicles (as defined herein) and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any recreational vehicle parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No recreational vehicle in excess of 40 feet in length shall be permitted in any camping ground.
D.
Minimum gross site area shall be 10 acres. A thirty-foot no-camping-or-building buffer zone shall be established around the perimeter of the camping ground.
E.
Not more than a total of 10 travel trailers, recreational vehicles or motor homes shall be permitted per acre of gross site area. Not more than 25 tents or camper tents shall be permitted per acre of gross site area.
F.
Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
G.
Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:
(1)
Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.
(2)
Such establishments shall be restricted in their use to occupants of the camping ground.
(3)
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.
H.
Plans for sewage disposal and potable water supply shall be designed in accordance with standards promulgated by the New York State Department of Environmental Conservation and the New York State Department of Health and a camping ground shall receive any needed approvals from said agencies.
I.
J.
Parking. Adequate space for vehicle parking shall be provided so as to accommodate two vehicles per camp site.
K.
Recreation facilities. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No camp site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.
L.
Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.
M.
Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk or required buffer or right-of-way or any public grounds or on any private grounds not part of the camping ground, unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled so that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.
N.
An adequate lighting system shall be provided for the camping ground.
O.
All utilities shall be underground.
P.
Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions. Alternatively, the operator may establish a central trash/recycling center for use by occupants.
Q.
All applicable sanitation standards promulgated by the State of New York shall be met.
R.
Any peace officer, building inspector, health officer or any authorized representative of the Town of Saratoga shall have the right, at any reasonable time, to enter any camping ground inspect all parts of said park, but not the individual camping trailer, or tent located therein, in order to assure compliance with this chapter and/or the terms of any special permit issued by the Planning Board.
§ 400-16.3 Septic and well regulations for accessory building apartments.
[Added 7-13-2015 by L.L. No. 1-2015]
A.
For the addition of an accessory building apartment, it must be shown either by the primary sanitary system as-built drawings or a field investigation that the septic tank and the sanitary disposal field have been sized adequately for the additional sanitary flow. If the existing system does not meet the additional requirements, the existing system may be expanded, including an adequately sized septic tank and sanitary field, or a separate sanitary system may designed and submitted to the Zoning Officer for the garage apartment for approval. The provision for a 50% future expansion of the sanitary disposal field must be provided.
B.
Notwithstanding any other provision, no building permit for the installation of an accessory building apartment, the use of which requires the disposal of sewage, shall be issued by the Zoning Officer until such time as a proof of the existing sanitary system being sufficiently sized for the additional number of bedrooms or a separate system is submitted and accepted by the Zoning Officer.
C.
If a separate sanitary system is required;
(1)
All percolation tests shall be conducted in accordance with the New York State Waste Treatment Handbook, Individual Household Systems.
(2)
Should percolation tests result in a standard percolation test rate greater than 30 minutes, or in a finding of bedrock at a depth less than five feet, or groundwater at a depth of less than two feet below the designated bottom of a proposed tile field, a conventional in-ground septic system is not acceptable. In such instances, the owner of said lot shall submit to the Zoning Officer a plan for an alternative system. Such alternative system plan shall conform with an alternative system outlined in the New York State Waste Treatment Handbook, Individual Household Systems.
(3)
In the event an alternative system plan is required, no building permit shall be issued by the Zoning Officer until the alternative plan is approved by the Zoning Officer. If deemed appropriate, the Zoning Officer and/or the applicant should consult with the New York State Health Department on the best alternative system to be utilized.
D.
Water well. If the primary home water well has a sustained yield below 5 gpm, a full day of enclosed water storage should be provided per NYS DOH Individual Water Supply Wells - Fact Sheet #2.A 5 gpm booster pump should deliver water from storage to the users through a hydropneumatic tank. Any required treatment should occur prior to storage at the low discharge rate of the well pump. A drilled well containing at least 400 gallons of usable storage in the casing (i.e., from the static water level to four feet above the pump intake) and having a well yield of 2 to 5 gpm may be equipped with a 5 gpm well pump discharging directly to household plumbing through a hydropneumatic tank (i.e., a separate storage day tank and booster pump are not necessary).
§ 400-16.4 Solar collection systems.
[Added 10-12-2016 by L.L. No. 9-2016]
A.
Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight. Minor solar collection systems are appropriate in all zoning districts when measures are taken, as provided in this chapter, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare. Major solar collection systems are allowed only in the Rural and Rural Residential Districts when measures are taken, as provided in this chapter, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare.
B. MAJOR SOLAR COLLECTION SYSTEM MINOR SOLAR COLLECTION SYSTEM
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but which also may be for on-site use. Major solar collection systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities in which the total surface area of all solar collectors exceeds 2,000 square feet. Major systems are allowed only in the Rural and Rural Residential Zoning Districts of the Town, except that roof mounted systems may also be allowed in the Lake Residential and Lake Commercial Zoning Districts.
[Amended 1-9-2017 by L.L. No. 1-2017]
A solar photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises for other lawful purposes, with the total surface area of all solar collectors of such system not to exceed 2,000 square feet; roof- or building-mounted systems are exempt. Minor collection systems are allowed in all zoning districts of the town.
C.
Building permts for minor solar collection systems.
(1)
Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building-mounted solar collectors.
(2)
Ground-mounted and freestanding solar collectors shall be permitted as accessory structures in all zoning districts of the Town, subject to the following additional requirements for a building permit:
(a)
The location of the solar collectors meets all applicable setback requirements of the zone in which they are located.
(b)
The height of the solar collectors and any mounts shall not exceed 15 feet in height above ground when oriented at maximum tilt.
(c)
The total surface area of all solar collectors on the lot shall not exceed the percentage of lot coverage per zoning district when combined with all other buildings and structures on the lot.
(d)
A building permit has been obtained for the solar collectors.
(e)
The solar collectors shall be located in a side or rear yard.
(f)
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings or neighboring properties and roads.
(g)
Landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent or neighboring residential properties and roads.
(3)
The building permit review shall include review of the adequacy, location, arrangement, size, design and general site compatibility of proposed solar collectors.
(4)
All solar collector installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions and industry standards, and prior to operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
(5)
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Saratoga County and other applicable laws and regulations.
(6)
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the 12 month period.
D.
Special use permits for major solar collection systems.
(1)
Where applicable, and unless more restrictive regulations apply, the requirements of Article VIII of this chapter (Special Permitted Uses Regulations) shall also apply to installations for major collection systems.
(2)
Major systems shall be constructed pursuant to a special use permit from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.
(3)
Areas of potential sensitivity:
(a)
One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.
(b)
Historic and/or culturally significant resources in an historic district or historic transition zone.
(c)
Within 100 feet landward of a freshwater wetland.
(d)
Adjacent to or within the control zone of any airport.
(4)
Major systems shall be permitted in the Rural and Rural Residential Districts of the Town only when authorized by special use permit from the Planning Board subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot, including freestanding solar panels, shall not exceed the percentage of lot coverage per zoning regulations per district.
(b)
Height and setback restrictions.
[1]
The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground.
[2]
The minimum setback from property lines shall be 25 feet.
[3]
A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from neighboring residential properties and roads.
(c)
Design standards.
[1]
Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
[2]
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
[3]
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
[4]
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings or neighboring properties and roads.
[5]
All electrical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscaping screening.
[6]
A major system to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging that the major system will be connected to the utility grid in order to sell electricity to the public utility.
(d)
Signs.
[1]
A sign that shall not exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and phone number.
[2]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
[3]
Disconnects are to be clearly marked.
(e)
Abandonment.
[1]
All applications for a major system shall be accompanied by a decommissioning plan and associated bond to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility, prior to issuance of a building permit.
[2]
If the applicant begins but does not complete construction of the project within 12 months after receiving final site plan and special use permit approval, this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.
[3]
The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:
[a]
Removal of aboveground and below-ground equipment, structures and foundations.
[b]
Restoration of the surface grade and soil after removal of equipment.
[c]
Revegetation of restored soil areas with native seed mixes, excluding any invasive species.
[d]
The plan shall include a time frame for the completion of site restoration work.
[4]
In the event that the facility is not completed and functioning within 12 months of the issuance of the final site plan and special use permit approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.
[5]
Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.
[6]
If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day period, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
§ 400-16.5 Commercial finishing shops.
[Added 3-13-2023 by L.L. No. 2-2023]
A. COMMERCIAL FINISHING SHOP
Definition.
An establishment primarily engaged in the finishing of wood or metal products. Such products may either be in raw material form and/or fabricated.