Speculator Village City Zoning Code
PART V
Appendixes
[Added 8-5-2002 by L.L. No. 1-2002]
§ 150-5.1 Establishment; members.
A Board of Appeals consisting of five members shall be established by the Village Board to carry out the duties prescribed for such Board under this Code and according to the applicable provisions of law; the members of which Board shall be appointed by the Mayor subject to the approval of the Village Board.
§ 150-5.2 Powers and duties.
The Board of Appeals shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under this Code and all its determinations shall be made in accord therewith. In particular, the Board shall conduct itself according to the following:
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such times as a majority of the members of the full Board may determine. All meetings shall be conducted in accord with the guidelines established by the Chairperson, or in her/his absence, the acting Chairperson, and such Chairperson may administer oaths and compel the attendance of witnesses.
Records. The Board shall keep minutes of its proceedings, including its examinations, findings and official actions and shall record the vote of each member upon every question put to vote or, if absent or failing to vote, indicating such fact. All decisions of the Board shall be recorded in the minutes which shall fully set forth the reasons for the decision of the Board and the findings of fact on which the decision was based, and an appropriate record of every official determination of the Board shall be on file in the office of the Board, together with all documents pertaining thereto. The Board of Appeals shall notify the applicant, the Enforcement Officer and Village Clerk of all official actions.
Voting requirements. The concurring vote of a majority of the full membership of the Board of Appeals shall be required to constitute an official action by the Board.
Eligible applicant or appellee. A variance application or appeal to the Board of Appeals may be initiated by any person or party aggrieved under, or with a legitimate interest in, this Code, including the Village and its official instruments. An appeal for an interpretation or variance may be made only after a determination and notification of action taken by the Enforcement Officer or other body of original jurisdiction, except where such appeal is initiated by an official instrument of the Village.
The Board of Appeals shall have all the powers and duties prescribed by law and by this Code. In particular, the powers of the Board of Appeals are as follows:
Interpretations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law, and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
Use Variances.
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein.
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under Chapter 150, Land Use, of the Village Code for the particular district where the property is located 1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; 2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; 3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and 4) that the alleged hardship has not been self-created.
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Area variances.
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein.
In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3) whether the requested area variance is substantial; 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5) whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of Chapter 150, Land Use, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Additional powers and duties. The Board of Appeals shall have all the powers and duties related to subdivision review and approval, conditional use review and approval, permitted use review and approval, and planned development district review and recommendations. This includes all powers and duties provided for under Chapter 150, Land Use, Part I, Subdivision Regulations; Part II, Mobile Home Park and Recreational Campsite Regulations; Part III, Building and Sanitary Regulations; Part IV, Zoning Regulations; and Articles II, IV and V (Appendixes B, Required Submissions, D, Definitions, and E, Regional Projects, respectively) of Part V, Appendixes.
§ 150-5.3 Procedure.
In reviewing interpretation appeal and variance applications, the Board of Appeals shall act in strict accordance with the procedures specified by law and by this Code and shall be in accord with the following:
Application. All appeals and variance applications made to the Board of Appeals shall be in writing, in the form prescribed by the Board. Every appeal or variance application shall refer to the specific provisions of the Code involved and shall exactly set forth the interpretation that is claimed, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Such appeal shall be taken within 60 days of the date of notification of the determination which is being appealed by filing with the Board of Appeals a notice of application or appeal specifying the grounds thereof. Upon such application, the Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Stay. An appeal stays all proceedings in furtherance of the action appealed from, unless the Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Enforcement Officer from whom the appeal is taken and on due cause shown.
Notification and public hearing. The Board of Appeals shall fix a reasonable time for any public hearing in connection with an appeal or application and shall give public notice thereof by publication in the official paper of a notice of such public hearing at least 10 business days prior to the date thereof; and shall, at least 10 business days before such public hearing, mail notice thereof to the applicant or appellee.
Where any appeal for variance involves lands within 500 feet of an adjoining municipality, state or county property or right-of-way, the appeal shall be referred to the Regional Planning Board and acted upon in accord with the requirements of the applicable provisions of § 239-n of the General Municipal Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Decision and notification. Within 62 days from the date of any public hearing, the Board of Trustees shall render a determination with respect to the subject under consideration, and the applicant or his authorized agent so notified in writing within five business days of the date of determination. Every decision of the Board of Trustees shall be by resolution, each of which shall contain a full record of the findings of the Board on file in the office of the Board, together with all documents pertaining thereto. The Board of Trustees shall notify the Enforcement Officer, the Village Clerk and the Board of Appeals of each interpretation rendered and variance granted under the provisions of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 150-5.4 Requirements; waivers.
[Amended 6-12-2023 by L.L. No. 2-2023]
Required plans, data and subdivision plats to be submitted in accord with the procedures as outlined in the respective local laws constituting this Code shall be in accord with the requirements of Article 9, § 334 of the Real Property Law, where applicable, and shall be prepared according to the following; except as they may be specifically waived by the Board of Appeals or Code Enforcement Officer, as is applicable.
§ 150-5.5 Building/use permit.
Site plan. A minimum of two copies and such additional copies as the Code Enforcement Officer may specify, to scale, to include:
Location map showing boundaries and dimensions of the parcel or tract of land, contiguous properties, zoning districts and any easements or public rights-of-way.
Existing features of the site including existing land use, land and water areas, existing buildings and water or sewer systems on or immediately adjacent to the site, and surface drainage characteristics.
Delineation of proposed location and arrangement of buildings or installations on the site.
Sketch of any proposed building or structure, including exterior dimensions and elevations of front, side and rear view.
Accompanying data. To include the following:
Application and required fee, if any.
Name and address of applicant and any professional advisors.
Authorization of owner if applicant is not the owner of the property in question.
Description of materials and method of installation for any equipment or installation for which the permit is being sought.
Results of any required on-site investigation including percolation test, where applicable.
§ 150-5.6 Certificate of compliance.
Application and required fee, if any, made at the time of application for the building/use permit.
Upon notification of project completion, the following shall be submitted to supplement the application:
Copy of approved application for a building/use permit with any change in the course of construction noted thereon.
Certification by the applicant that all improvements were carried out in accord with the approved building/use permit.
Any other certification as may be applicable, including that from any professional advisor, builder or contractor, as required by the Code Enforcement Officer.
§ 150-5.7 Sketch plan.
Site plan. Two copies, to scale, to include:
Location of proposed project in the Village, boundaries of the tract, contiguous properties, zoning districts and any easements.
Existing features consisting of land use, land and water areas and other important elements of the site.
General layout showing conceptual street, lot and building arrangement.
Accompanying development data. To include the following:
Total acreage of tract.
Proposed timetable or stages for sale or development.
Type of project, e.g.; sale of lots, buildings, condominiums.
Existing and proposed utilities and service facilities.
Proposed number of lots, typical lot size, number of units, overall density.
Names and addresses of owner, subdivider or developer and professional advisors.
§ 150-5.8 Preliminary plat/plan.
Site plan. Minimum of four copies at a minimum scale of one inch equals 100 feet; preferred scale of one inch equals 40 feet, to include:
Title, scale, North arrow and date.
Tract boundaries and owners of record of adjoining properties.
Topographic data based on USGS or equivalent and other site characteristics including soils, drainage and tree cover.
Existing land use on and immediately adjacent to the parcel.
Lot layout or building arrangement.
Street layout, including right-of-way and improved surface widths and suggested street names.
Location and description of utilities on and adjacent to the tract and proposed connection thereto; or alternative means of water supply, sewage disposal, electric, telephone and other service facilities.
Location, dimensions and purpose of any easement.
Existing drainageway and provision for collecting and discharging surface drainage and runoff.
Location, dimension and description of land or facilities to be dedicated or reserved for public use.
Off-street parking and service areas.
Landscaping and site amenities.
Accompanying development data. To include the following:
Application and required fee, if any.
Description of existing and proposed utilities and service facilities, including documentation from on-site investigation, detailing type, size and arrangement for connection to any existing system.
Lineal feet of streets, acres in recreation or open space areas.
Description and count of all trees to be removed or within 25 feet of the edge of the improved travel surface of any roadway or other area where the natural contour is to be altered which are of eight inch caliper or more as measured at designated breast height.
Signs, including type, location and size.
Restrictive covenants and arrangements for maintenance and operation of common facilities, if any.
§ 150-5.9 Final plat/plan.
Site plan. A minimum of four copies in addition to the original, scale to be same as for preliminary plat/plan unless otherwise approved, to include:
As required for a preliminary plat/plan.
Tract boundary lines, right-of-way lines, easements and individual lot lines with accurate dimensions, bearings, radii, arcs, and central angles of all curves and location and description of all monuments.
Reference to adjoining platted land or names of owners of record of unplatted lands.
Topographic data showing contours at a minimum of two-foot intervals related to USGS or other permanent bench mark where natural contours are to be changed; otherwise at five-foot intervals.
Typical cross sections of streets, including pavement, shoulders, ditches, and walks and cross sections of drainage easements, as necessary.
Profiles of street center lines showing vertical curve data, slope of tangents and elevations of street intersections and other critical points.
Profiles of water distribution lines and storm and sanitary sewers, if any, showing diameter of pipe and distance between individual lines, manholes and catch basins.
Preliminary drawings for buildings to be constructed, if any, including floor plans, exterior elevations and sections.
Landscaping, lighting and all site improvements, including final grading plan where natural contours are changed beyond the road and building area.
Accompanying development data. To include the following:
Application and required fee, if any.
As required for a preliminary plat/plan.
Certification of title showing that applicant is the landowner.
All drawings to be appropriately signed and sealed by a licensed professional engineer, licensed surveyor, architect and/or landscape architect as is appropriate and as is otherwise required by law.
Protective covenants in form for recording, including covenants governing the maintenance of unceded public space or reservations.
Offers of cession dedicating streets, easements, open space and other facilities.
Copies of agreements showing the manner in which areas reserved by the subdivider are to be maintained.
Sufficient building dimensions and data to assure that applicable provisions of the New York State Building Construction Code and Multiple Residence Law will be complied with, where applicable.
Detailed drawings and specifications for water supply, stormwater disposal, sanitary sewage disposal and any other required facilities, services or installations.
Preliminary approval by the New York State Department of Health or Department of Environmental Conservation, as applicable, of sewer and water facility drawings and proposals.
All offers of cession, deeds, abstracts and easements for any street, sewer, water or other facilities, as approved by the Village Attorney.
Any other data as may be required by the Board of Appeals, Village Board or Board of Appeals in the administration and enforcement of this Code.
[Amended 6-12-2023 by L.L. No. 2-2023]
§ 150-5.10 As-built drawings.
As-built drawings shall be filed upon completion of any underground installations or any facility or improvements, other than a roadway or recreation area, to be offered for cession to the Village.
§ 150-5.11 Review considerations.
The following types of considerations shall be applied, to the extent that they are applicable, in a manner that reflects the size, nature and public interest as these factors relate to any use or project considered under the subdivision, planned development, conditional use or Class "A" or "B" regional project or subdivision review processes of this Code.
§ 150-5.12 Adverse impact.
Adequate information shall be submitted and the responsible Village body shall evaluate the types of development considerations outlined following in order that any undue adverse impact on the natural, physical, social and economic resources of the Village may be avoided. The accompanying "Zoning Map No. 3 - Development Considerations," is a partial inventory of these features, depicting those most readily mapped natural resource considerations to assist in this assessment.
§ 150-5.13 General development considerations.
The proposed use or project shall be reviewed to determine:
The need for the proposed project, including any market or feasibility study that may be appropriate to the proposed project.
The extent to which the proposal is consistent with the stated purposes of the Village Plan and the process according to which the use or project is being considered.
The relationship of the proposed project to the standards of the existing zoning district, including, but not limited to, overall density and types of uses to be accommodated.
The relationship of the proposal to the existing land use makeup and character of areas immediately adjoining or likely to be impacted by the proposal.
The relationship of any principal and accessory building(s) on the proposed site to one another and to other structures and uses in the vicinity as well as to the natural features of the site and historic or cultural sites and structures in the area.
The provision for satisfactory accommodation of all utilities including surface runoff, water supply, sanitary sewage disposal, and any others that may be anticipated or necessary.
The provision for open space and any appropriate recreational facilities in the proposed project, including adequate assurances for their maintenance and continuation.
The amount of traffic to be generated and the provisions for adequately handling such volumes, as well as traffic circulation features within the site including the amount of, location of, and access to automobile parking and any service areas.
The overall sensitivity of the proposed project to the neighborhood and the site and its provisions for the location, size and type of any signing, lighting and landscape features.
It shall be the objective of the reviewing body to take into account whether or not the proposed use or project satisfies, to an appropriate degree, the objectives of the Village Plan and this Code relative to the factors outlined above, and based on their findings, and on the additional development considerations which follow, to render their determination accordingly.
§ 150-5.14 Natural resource considerations.
The recognition and satisfactory accommodation of important natural and physical limitations and opportunities of the site will be determined and will include consideration of and likely impact on the following:
Ground- and surface water characteristics including water quality, supply, recharge, flow and runoff patterns, water table, sedimentation, siltation and eutrophication.
Landforms, elevation and slope including aesthetics, slippage, erosion, fragile ecosystems and drainage patterns.
Soil and subsurface characteristics including absorption qualities, erosion, depth to bedrock and mineral resources.
Forest and vegetative cover including commercial forest lands, visual factors and screening, exposure to erosion and wind-throw, wildlife habitat and rare plant communities.
Air quality including levels of pollution, prevailing wind directions, natural buffers, abatement devices.
Noise levels including standards promulgated by the Department of Environmental Conservation and the Environmental Protection Agency under the Noise Control Act of 1972, as well as provision for natural buffers and relationship to surrounding uses.
Scenic views and visual considerations. Including scenic vistas, travel corridors, relationship between natural and man-made features and screening.
Critical resource areas. Including unique plant and animal habitats, proximity of state lands, travel and river corridors, flood hazard areas, wetlands and elevations of 2,500 feet or more.
Fish and wildlife. Including native habitat and population levels.
It shall be the objective of the reviewing body to take into account the relationship and likely affect of a proposed use or project relative to the above considerations and to guide development in a manner that reflects the existing natural resource constraints of the site and the need to adequately protect and preclude a negative impact upon the Village's natural resources.
§ 150-5.15 Governmental service and impact considerations.
The initial and projected requirements of the proposed use or project relative to the following will be determined:
Town/Village sewer and water systems, including capacity for service and responsibility for connections and maintenance.
Health services, including availability, distance, capacity and arrangement.
Public school system, including initial and projected enrollment relative to school plant capacity and any schedule for expansion, as well as school bus routes.
Town/Village recreation facilities and services including location, capacity and contribution.
Fire/police protection, including requirements, distance and any special considerations.
Village street system, including assumption of responsibility, traffic flow, access/egress, and relationship to future extensions or connections.
Tax base, including contribution to and likely burden on Village, school and special districts.
It shall be the objective of the reviewing body to take into account the ability of the responsible unit of government to provide the services and facilities that will be required by the use or project under consideration and to guide development in a manner that reflects the physical capacity of the service system or facility and the financial capacity of the responsible unit of government to respond to additional requirements generated by such use or project.
§ 150-5.16 Word usage.
For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows:
Unless otherwise defined herein, words and terms used in the chapter shall be interpreted to have their customary meaning.
Further, words in the present tense include the future tense; the singular includes the plural; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot" or "parcel"; the word "shall" is always mandatory; and the word "used" or "occupies" as applied to any land or building shall be construed to include "intended, arranged, or designed to be used or occupied."
Upon application, the precise meaning and application of any word or term used in this chapter shall be as determined by the Board of Appeals as provided for under its power of interpretation.
§ 150-5.17 Definitions.
[Amended 7-7-2003 by L.L. No. 1-2003; 6-12-2023 by L.L. No. 2-2023; 7-22-2024 by L.L. No. 1-2024; 7-14-2025 by L.L. No. 1-2025; 12-8-2025 by L.L. No. 3-2025]
The interpretation of certain words and terms under this chapter shall include the following:
A use customarily incidental and subordinate to the principal use or building and consistent in use with the permitted principal use.
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground.
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property.
The Village of Speculator measures height from the highest point of a structure to the lowest point of finished grade. A structure is comprised of all attached components, including decks, porches, garages, roofs, and chimneys.
Note. The Village of Speculator limits structure height to 40 feet.
Examples:
 |
The total ground floor area of a principal building and accessory buildings exclusive of uncovered porches, steps and terraces.
That side of any building facing a public street as designated on any application for a permit by the applicant; provided, however, that any building shall have only one designated front for the purpose of computing and applying any applicable requirement or standard under this Code.
A line parallel with the front, side and rear lot lines, respectively, beyond which a principal building or use may not extend as determined by this Code.
A supplemental building, the use of which is incidental to and consistent in use with that of the principal building and located on the same lot therewith. On a parcel of land deemed to be a single lot, accessory buildings may include garages, storage sheds, playhouses, boathouses, guest cottages, etc. Certain accessory buildings may have bathtubs, showers and kitchens and may contain residential living quarters in accordance with § 150-4.14B(6) of Article III of Part IV of this chapter. Accessory buildings shall not exceed 40 feet in height as measured from final grade. Vehicles, including vans, semitrailers, truck bodies, house trailers and other similarly constructed units shall not be deemed to be accessory buildings or structures and shall not be used for the purposes generally associated with accessory structures.
A freestanding building surrounded by open space on all sides and not physically joined to another building.
A building in which is conducted the main or principal use of the lot on which said building is situated.
The instrument of authorization as required under the provisions of this chapter prior to the initiation of any action requiring such authorization and subject to the requirements and procedures specified for the action under consideration.
An office in which is conducted a professional or business occupation of a service character and not involving the sale of merchandise or stock-in- trade.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
The instrument of verification as required under the provisions of this chapter, subsequent to the completion of any action for which a building/use permit was required and prior to the use or occupancy of the land or building to which the permit pertained.
The duly designated official responsible for enforcing this Code as prescribed herein. The duties of such Code Enforcement Officer may be assigned to a Building Inspector, Health Officer, Zoning Officer, Highway Superintendent, Village Engineer or others as directed by the Village Board.
A parcel or part thereof used for the purposes of extracting stone, sand, gravel or topsoil as a commercial product and exclusive of the process of site improvement or alteration preparatory to the location of a building or use for which a building/use permit has been issued.
Any man-made or natural place of interest open to the general public and for which an admittance fee is usually charged, including but not limited to alpine ski area, cross country ski trail systems, golf courses, and natural geological formations.
A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location or relation to the neighborhood, may be permitted in certain zoning districts if specific provision for such conditional use is made in this chapter to the standards and process therein required.
A legal arrangement involving a combination of two kinds of ownership of real property:
A retail business establishment offering for sale to the public various and sundry items as usually found in a general store, including, but not limited to, dairy products, breads and cake, snacks, film, camping supplies, beer, soda, etc. It shall not be an "eating, drinking establishment" as defined in this article, but hot drinks, doughnuts, snacks, etc., may be made available on a self-service basis. The retail sale of motor vehicle fuel is allowed as an ancillary use so long as the establishment is not a "gasoline station" as defined in this article.
Any dock which exceeds six feet in width, five feet above water level or is extended to water over four feet deep at usual summer levels. Such docks shall require a permit after review and approval by the Board of Appeals, which may reject the proposal based upon § 150-4.3, Purpose, of this chapter.
An open structure extending into a lake, pond or river to provide access for boating, swimming, fishing, etc., and which is removed from the water each fall, is no more than six feet wide and extends into the water body no further than that length necessary to reach a water depth of three feet except that no dock shall intrude into a river or stream more than 1/3 of the way across any river or stream. Except for a handrail and support posts, no portion of the dock shall be higher than the walking surface of the dock.
A building or portion thereof providing housekeeping facilities for one family, including living, sleeping, cooking and sanitary facilities and constructed in accord with the applicable standards of this chapter.
Two or more new factory fabricated units which are designed to be joined together to make a dwelling unit and which are transported to the site, by means of a chassis which is an integral part of the unit, where they are placed on a permanent foundation and joined permanently to make a dwelling unit. The foundation shall be full perimeter of concrete construction on a footing, the bottom of which shall be no less than four feet below finished grade. All trailer hitches, heels, and springs must be removed so that no portion shall be visible from outside the foundation. The completed dwelling unit shall have a certifying label and a data plate conforming to New York State standards as expressed in Article V of Part V of this chapter.
A building or portion thereof designed primarily for residential purposes for year-round or seasonal occupancy by more than three persons not constituting a family, with or without common dining facilities, constituting one or more complete dwelling units.
A building or portion thereof designed for year-round or seasonal occupancy, containing separate dwelling units for three or more families living independently of each other. It does not include hotels, motels, campsites or rooming and tourist homes.
A detached dwelling unit designed for year-round or seasonal occupancy by one family only. It does not include a mobile home, temporary or transitory accommodations. One-family dwellings shall be constructed in accord with the provisions of Chapter B of the New York State Uniform Fire Prevention and Building Code.
Two or more factory fabricated units, which are transported to the site by means of a trailer or dolly which is not a permanent part of the structure and is removed from the building site after the units are placed on a permanent foundation and are joined together to make a dwelling unit. The dwelling unit and the foundation shall be constructed to conform to the requirements of Article V of Part V of this chapter. The term "sectional" shall include the term "modular" and such units shall be considered a one-, two- or multiple-family dwelling as is appropriate in the context of this chapter.
Attached dwelling units designed for year-round or seasonal occupancy by two families living independently of each other. It does not include a mobile home, temporary or transitory accommodations. Two-family dwellings shall be constructed in accord with the provisions of the New York State Uniform Fire Prevention and Building Code.
The legal and binding assignment of interest by deed or contract for the specified use of a designated portion of property to other than the landowner.
A business or commercial activity designed primarily for the preparation and distribution or consumption of food and/or beverage, for consumption on the premises.
A minor ancillary structure or use such as a play or tree house, play equipment, outdoor barbecue, wood storage rack, a dog house and like facilities common to and generally not affecting the principal use of the premises in any significant manner. Such structure or use shall not require a permit under this chapter and shall not be counted against the allowable number of, or area to be occupied by, accessory buildings or uses, but shall otherwise comply with all requirements of this chapter related thereto.
One or more persons occupying the premises related by blood, marriage or adoption, living as a single housekeeping unit, as distinguished from a group occupying rooming house, club, fraternity, hotel or commune.
Land and necessary appurtenant facilities for use by a membership club or organization and permitted guests for fishing and/or hunting purposes. Such land and buildings need not have frontage on or public access to a public highway or body of water.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water.
A land area adjoining a river, stream, watercourse or lake, which is likely to be flooded during a 100-year flood as depicted by the U.S. Department of Housing and Urban Development.
The 100-year flood elevation.
The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., a 1% chance of occurring each year).
The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood-control works and land use and control measures.
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.
The channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of a given magnitude.
The sum of a gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.
The production, management and harvest of forest and woodland products including related research and educational activities. Such term shall include the construction and maintenance of directly related structures for the storage of materials and equipment and access trails and roadways.
A building or part thereof operated for gain and used for the storage, selling, renting, servicing, washing or painting and major repair of motor-driven vehicles.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include "filling station" and "service station."
A detached accessory building which is associated with a single-family dwelling on the same lot and contains residential living quarters including a kitchen and a full bathroom and is in conformity with the requirements of § 150-4.14B(6) of Part IV of this chapter.
The space within a dwelling unit occupied for living, sleeping, bathing, eating and cooking purposes and exclusive of a cellar, attic or such other portions of the dwelling unit not generally occupied by the residents of the dwelling unit.
The duly elected or appointed official responsible for overseeing construction and maintenance of the Village street system.
An occupation or a profession which is carried on in the dwelling unit or in a building or other structure accessory to a dwelling unit; is carried on by a member of the family residing in the dwelling unit; is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and does not change the residential character thereof. Retail sales of gift, craft, novelty, antique and similar items is permitted.
The pad or area of land on which a recreational living unit is to be situated while located in a recreational campsite, which pad or surface area shall be of the size, location and degree of improvement as is required for such areas.
Any lot, land or structure or part thereof, used for the collection, storage or sale of wastepaper, rags, scrap metal, used or salvaged building or other discarded material, or for the collecting, dismantling, storing and salvaging of machinery or vehicles. It shall mean any place of storage or deposit, whether in connection with another business or not, where three or more unlicensed, old or secondhand motor vehicles, no longer in condition for legal use on the public highways are held, whether for the purpose of used parts or materials therefrom or not. Such term shall include any place of storage or deposit for any such purpose of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles.
The depositing of refuse in a natural or man-made depression or trench, or dumping it at ground level, compacting to the smallest practical volume, and covering with earth or other material in a systematic and sanitary manner.
A single and contiguous parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest and responsibility therefor.
The total area included within front, side and rear lot lines.
That portion of the lot area covered by building area and expressed as a percentage of total lot area.
Any line dividing one lot from another or from an established public right-of-way or the shoreline.
The lot line adjoining and separating the lot from any road or highway right-of-way line or the shoreline; or where there is neither, as designated by the applicant.
A parcel of land described and filed as distinct and separate real property on the latest adopted county tax roll in the Office of the Hamilton County Clerk on, or in conformity with the requirements herein set forth subsequent to, the effective date of this Code.
The distance between side lot lines measured parallel to the front lot line where such parallel line is a straight line, or the chord of such parallel line where it is curvilinear, at a distance from the front lot line equal to the minimum required front yard specified for the district, except for shoreline lots. See definition of "shoreline lot width."
A lot on which no building or structure has been constructed or located and on which no excavation, improved driveway or the installation of water supply or sewage disposal systems have been initiated with the intent to serve a building or use allowed for under the provisions of this chapter.
The manipulation or movement, whether by dumping, filling or extracting, of an amount of earthen material to a differential of two feet from the natural contour of the landform over an area in excess of 2,500 square feet or 100 linear feet.
A factory-finished, movable dwelling unit, having a minimum floor area of 500 square feet, designed and built on frame and wheels to be towed on its own chassis and designed for and providing housekeeping facilities for year-round or seasonal occupancy after being transported to the site. It does not include a recreational living unit. Such unit shall have been designed and installed in compliance with the New York State Code for Construction and Installation of Mobile Homes and Standards, Rules and Regulations for Mobile Homes, effective January 15, 1974, and as it may be amended [as set forth in Volume 9, Executive (B) of the "Official Compilation of Codes, Rules and Regulations of the State of New York"]; and further, any such unit shall bear the required seal noting such compliance.
A parcel of land which is designed and improved for the placement of three or more mobile homes for dwelling purposes and which mobile homes are located on sites rented or leased to the occupants of the mobile homes. The term shall include "mobile home court" or other area designed and improved for the location and rent of three or more mobile home sites.
A building or structure which does not conform to the requirements for location or dimension of such building or structure in the zoning district in which it is situated as regards minimum yard dimensions, maximum height or maximum lot coverage, and where such building existed legally on the effective date of this chapter or its applicable amendments.
A lot which does not conform with the minimum area and/or dimensions required for a specified use in the zoning district in which it is situated and where the owner of said lot does not own any adjoining unimproved property, the subdivision of which could create one or more conforming lots, and where such lot existed legally on the effective date of this chapter or its applicable amendment.
Any lot, building, use or other action regulated under the provisions of this chapter which does not comply with the requirements therefor, but which situation existed legally on the effective date of the applicable provisions of this chapter.
Use of a building or of land that does not comply with the standard and conditional use regulations for the zoning district in which it is situated and where such use existed legally on the effective date of this chapter or its applicable amendments.
The map established by the Village of Speculator, if any, pursuant to Village Law showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Village or additions thereto resulting from the approval of subdivision plats by the Board of Appeals and the subsequent filing of such approved plats. Streets not accepted by the Village as public streets may be shown thereon, but shall be marked as private streets.
A recreation activity particularly oriented to and utilizing the natural landscape and outdoor character of an area, including hiking, equestrian, and recreational vehicle trail; park, picnic or beach area; and similar outdoor, nonintensive structures and uses.
Land and the use thereof for seasonal or temporary housing and accompanying recreational or educational use, including all accompanying facilities and structures thereon; and including such private and semi-private facilities as boy or girl scout camps, fraternal, service, educational or religious lodge or conference center and nature or conservation center or club.
A bond, certified check, letter of credit or other acceptable security to cover the cost of any required improvements, the amount of which shall be established upon recommendation of the Board of Appeals and as agreed upon by the Village Board, and which shall be further approved as to form, sufficiency, manner of execution and surety by the Village Attorney.
A business or commercial activity involving primarily the application of a technical skill or trade in the attention to one's person or personal effects, as differentiated from a profession or business office, and not involving primarily the sale of merchandise or stock-in-trade.
A structure, use or land designed and maintained as a public or private utility or service facility in the provision of electric, telephone, radio/television, water and sewer services.
A structure, use or land designed and maintained as a public or municipal facility for education, recreation, fire and police protection, and like not-for-profit public and municipal functions, or a public or quasi-public not-for-profit institutional facility designed to provide learning, health, religious or like services.
A parcel of land designed to accommodate 10 or more recreational living units or other accommodations for seasonal or other more or less temporary or transitory living arrangements, including buildings and facilities thereon.
A mobile recreational housekeeping unit including travel trailer, pickup camper, converted bus, tent-trailer, camper-trailer, tent or similar device used for temporary portable housing.
Any Class "A" or Class "B" regional project as defined by the Adirondack Park Agency Act.
Any Class "A" or Class "B" regional subdivision as defined by the Adirondack Park Agency Act.
A premises with facilities thereon for temporary or seasonal housing and associated accommodation, including recreational, educational, conference or convention activities of groups, membership clubs or individuals including sleeping, eating and other related services. Such term does not include motel or tourist cabins designed primarily for overnight sleeping accommodations of the motoring public.
A business or commercial activity involving primarily the sale of merchandise or stock-in-trade to the public, which business or commercial activity shall be conducted from within a permanently situated building.
A public or private way for vehicular traffic, including the following:
Arterial roadways are those principal through traffic arteries.
Collector roads are those that interconnect and carry traffic between local residential and arterial highways.
Local roadways are those which are used primarily for access to abutting residential properties. A "cul-de-sac" is a minor roadway with only one outlet and having a turning loop at the closed end.
Frontage or access roads are generally parallel with and adjacent to an arterial highway designed to provide access to abutting properties and protection from through traffic.
The lowest point of the top or peak of the structural roof of a building, above which point no sign shall extend or project.
An approved method and installation for the proper accommodation and disposal of sanitary wastes. Such system may include connection to an approved public, community or individual disposal system as provided for in this chapter.
The point at which land and water meet as determined by the mean high water mark of a navigable body of water.
The linear distance of that straight line connecting the side lot lines at their first point of intersection with the shoreline. Minimum lot width as stipulated in Attachment I of this chapter shall apply to the shoreline of all shoreline lots.
Any device affixed to, painted, or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business. Each graphic display surface shall be considered to be a sign.
The area of a sign shall be that area as determined by circumscribing the exterior sign structure with the appropriate geometric form connecting all extreme points. The structure supporting a sign is not included in determining the sign area unless the structure is designed in a way to form an integral background for the display. Only one face of a double-face sign is to be considered in determining the area of a sign.
A panel, booth or similar structure identifying and giving direction to business, civic, recreational or other attractions in the Village.
To build, construct, attach, hang, place, suspend, affix or paint a sign.
The standards, supports, uprights, braces and framework of the sign.
A sign which announces and directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located.
A sign which directs attention to a business or profession conducted or a commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
Any sign designed to be viewed from two directions and which at no point is more than eight feet wide as measured from the exterior surface of each face and the two faces of the sign are either parallel or the angle between them is 45° or less.
A sign which may be placed without a permit but which shall otherwise comply with the applicable provisions of this Code. Such signs shall include official traffic signs, posting or trespass notices, temporary signs and any official flag, emblem or insignia of a nation, state or municipality.
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Code, any revolving, illuminated sign shall be considered a flashing sign.
A sign which is supported by one or more uprights, poles or braces, or by a base of wood, stone or concrete, in or upon the ground. This definition shall not include a portable sign.
Any sign lighted by an exterior or interior light source other than the natural light of day.
A sign attached to or suspended from any type of vehicle which is capable of being moved from place to place, whether actually moved or not, either under its own power or by attachment to any vehicle and intended primarily for the display of such sign. Such sign shall not include lettering, or other graphics painted or attached flush to the side or body of service, delivery or other such vehicles.
A sign which was legally installed prior to the effective date of this Code, but which is in conflict with the provisions thereof.
Any sign which directs attention to, announces, or advertises goods sold or produced, or services used or rendered on the property upon which such sign is located.
A sign that is designed to be movable and is not permanently attached to the ground, a building, a structure or any other sign. A portable sign shall not be deemed to include a mobile sign.
A sign attached to a building, structure or other sign that extends to a distance of more than 1 1/2 feet and not more than six feet from the building, structure or sign to which it is attached.
A poster, handbill, flyer or sign erected for a nonpermanent purpose such as to announce a forthcoming event or for the purpose of sale, rent or project notification, which sign shall be designed to be removed upon completion or termination of the purpose for which it was temporarily placed.
Any sign attached to, painted upon, or erected against the wall, a building or structure, and not extending more than 18 inches beyond the building face.
A sign maintained in or painted upon a window which is clearly visible to the general public from an out-of-doors position, but not including the customary display of merchandise.
The excavation or significant alteration of the site so as to affect surface drainage, removal of significant tree or soil cover or the provision for new or altered access to; but not to include landscaping, minor site work or improvements, or tilling the land for agricultural purposes.
A use permitted in one or more of the respective zoning districts, upon application for and issuance of a permit by the Code Enforcement Officer in accord with the standards applicable thereto.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
That portion of a structure which is above a floor of a building which is deemed to be a story; to be deemed a "half-story," that floor of a structure shall have full length, uncut rafters joined at the ridge line and resting on the top plates of the outer walls of the story below and shall have legal habitable space. The Board of Appeals shall have review and approval powers to modify this rule to allow full or partial length dormers, dormer windows or "salt-box" type of construction where one side of the structure on the eaves side may have an exterior wall of a maximum height of eight feet. Any such modification shall be reviewed as a conditional use by the Board of Appeals.
Any permanent man-made building, assembly or installation in conjunction with the principal or accessory use of a lot, other than an exempt building/use, including a building, sign, platform, ski-tow or jump, storage tank, parking garage, boat dock and such similar constructed or assembled objects affecting the principal or accessory use of the property so as to require a permit under this Code.
A primary building, structure or combination of units constituting one such unit of measure as used to compute intensity guidelines under the Adirondack Park Agency Act. In particular, it shall mean any primary structure with floor space in excess of 300 square feet; each unit of a multiple-family residence; a combination of 10 units or fraction thereof for motel or like tourist accommodations with a common wall or detached and with less than 300 square feet of floor space; and accessory, secondary, or ancillary structures with more than 1,250 square feet of floor space.
Any person, firm, corporation, partnership or association who shall lay out or otherwise create any subdivision or part thereof as defined herein, either for himself or others.
A subdivision of five or more lots shall be a major subdivision, and shall conform with the provisions of Part I, "Subdivision Regulations." A subdivision of two, three or four lots shall be a minor subdivision, and shall meet the requirements of Part I, Article II, §§ 150-1.8A. The Board of Appeals shall approve or disapprove major subdivisions using § 150-4.3, Purpose, as guidelines.
A private, outdoor pool designed and built for swimming purposes as an accessory use on the same parcel as the principal use, for use primarily by the occupants or tenants of said property. Such pools shall include any permanent under- or aboveground pool and any portable pool more than three feet in height and 15 feet in length or diameter.
An approved leaching or drainage field which is connected to and part of a septic tank or other approved disposal process and which is located and constructed in accord with the requirements of this Code.
A building or group of buildings where overnight guests are lodged for remuneration, and designed primarily to accommodate the motoring public. Such uses may include accompanying eating, drinking and related sales uses as long as a minimum of 10 operating rentable units are provided and further, that any such ancillary service uses are directly related and secondary to the principal function of overnight sleeping accommodations.
A permanent commercial enterprise designed for the entertainment and amusement of tourists but not to include such things as roller coasters, pavilions, haunted houses, arcades, etc. The Board of Appeals, in its decision to approve or disapprove a proposed tourist attraction shall consider existing land uses and the impact on community character and aesthetics.
A dwelling in which overnight accommodations are provided or offered for transient or nonpermanent guests or lodgers for compensation.
The specific purpose for which a building, structure or land is designed, arranged, intended or for which it is or may be occupied or maintained.
The main or primary purpose or activity conducted on the lot.
United Stated Geological Survey.
An authorized departure by the Board of Appeals from the terms of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Code would result in practical difficulty or unnecessary hardship.
A business or commercial activity involving the display, sale and service of automobile, truck, recreational living units, heavy or farm equipment, boat, mobile home and like vehicular or transport mechanism.
A licensed professional engineer or other individual duly designated by the Village Board to carry out his duties.
A comprehensive plan prepared for and by the Village of Speculator setting forth the objectives and policies with regard to that general physical development of the Village, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
The duly appointed or delegated official or body responsible for the administration of this Code or applicable portions thereof, including the Code Enforcement Officer, Board of Appeals, Village Attorney and Village Board.
An approved source and connecting supply system for the provision of water for any use required to have such system. Such system may include water derived from approved spring, well, lake or river sources as part of an approved public, community or individual system as provided for in this Code.
A lake, river, reservoir, channel, pond, stream, or other natural or man-made configuration encompassing a quantity and depth of water which make it navigable under normal conditions by canoe or other like small watercraft.
The required minimum horizontal distance between the road right-of-way, shoreline and side and rear yard lot lines, respectively, and the principal building line as specified in Attachment I of this chapter and as elsewhere referred to in this Code. All shoreline lots shall observe the minimum required front yard dimension from the shoreline to the principal building or use.
The open space on the same lot with a building or use between the front line of the building or use and the front lot line, extending the full width of the lot.
The open space on the same lot with a building or use between the back or rear line of the building or use and the rear lot line, extending the full width of the lot.
The open space on the same lot with the building or use between the side of the building or use and the side lot line, extending from the front yard to the rear yard.
§ 150-5.18 Park Agency jurisdiction.
Until such time as the Village of Speculator submits, and the Adirondack Park Agency approves, the Village's local land use program or an acceptable portion of such program, the Adirondack Park Agency shall retain jurisdiction over Class "A" and "B" regional subdivisions and projects as provided for in the Adirondack Park Agency Act; and the Village of Speculator shall have no responsibility for or formal privilege in the review of such regional subdivisions and projects as they pertain to the requirements of the Adirondack Park Agency Act.
§ 150-5.19 Map.
This article and the accompanying Zoning Map No. 4, representing the Adirondack Park Land Use and Development Plan superimposed over the Village zoning districts, are designed to be used by the Village and the Park Agency to cross-reference Class "A" and "B" regional subdivisions and projects as established by § 810 of the Adirondack Park Agency Act with the Village Plan and this chapter. Section 150-5.20 of this article is a listing of land use and subdivision activities that constitute Class "A" or "B" subdivisions or projects under the Park Agency Act and which may or may not be allowed for in some form under the Village Plan and this chapter. Section 150-5.21 of this article outlines a coordination and review process between the Park Agency and the Village which shall become effective only upon approval by the Park Agency of the Village's local land use program. Until such time, only such informal means and procedures as the Agency and the Village may establish by mutual agreement shall pertain to the coordination of such regional projects.
§ 150-5.20 Class "A" and "B" regional subdivisions and projects.
The following land use activities, by Park Plan classification, are subject to the Class "A" regional review procedure as set forth in the Adirondack Park Agency Act.
Hamlet:
All land uses and development and all subdivisions of land involving wetlands except for forestry uses (other than timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres), agricultural uses, public utility uses, and accessory uses or structures (other than signs) to any such use or to any preexisting use.
Any class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior to or at he time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by, and its review authorized, in local ordinance or local law.
All land uses and development and all subdivisions of land involving 100 or more residential lots, parcels or sites or residential units, whether designed for permanent, seasonal or transient use.
All structures in excess of 40 feet in height, except residential radio and television antennas.
Commercial or private airports.
Watershed management and flood-control projects.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Moderate intensity use:
All land uses and development and all subdivisions of land located in the following critical environmental areas: within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law during the period of such designation; involving wetlands; at elevations of 2,500 feet or more; within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, except for an individual single-family dwelling and accessory uses or structures thereto; provided, however, that the above shall not include forestry uses [other than clear-cutting as specified under Subsection A(2)(i) below], agricultural uses, open space recreation uses, public utility uses, and accessory uses or structures (other than signs) to any such uses or to any preexisting use.
Any class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior to or at the time a local land use program is approved by the agency is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by, and its review authorized, in a local ordinance or local law.
All land uses and development and all subdivisions of land involving 75 or more residential lots, parcels or sites or residential units, whether designed for permanent, seasonal or transient use.
Commercial or agricultural service uses involving 10,000 or more square feet of floor space.
All structures in excess of 40 feet in height, except residential radio and television antennas.
Tourist attractions.
Ski centers.
Commercial or private airports.
Timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres.
Sawmills, chipping mills, pallet mills and similar wood using facilities.
Mineral extractions.
Mineral extraction structures.
Watershed management and flood-control projects.
Sewage treatment plants.
Major public utility uses.
Industrial uses.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Low intensity use:
All land uses and development and all subdivisions of land located in the following critical environmental areas: within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law during the period of such designation; involving wetlands; at elevations of 25,000 feet or more; within 1/8 mile of tracts of forest preserve land now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, except for an individual single-family dwelling and accessory uses or structures thereto; provided, however, that the above shall not include forestry uses [other than clear-cutting as specified under Subsection A(3)(i) below], agricultural uses, open space recreation uses, public utility uses, and accessory uses or structures (other than signs) to any such use or to any preexisting use.
Any class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior to or at a time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by, and its review authorized, in a local ordinance or local law.
All land uses and development and all subdivisions of land involving 35 or more residential lots, parcels or sites or residential units, whether designed for permanent, seasonal or transient use.
Commercial or agricultural service uses involving 5,000 or more square feet of floor space.
All structures in excess of 40 feet in height, except residential radio and television antennas.
Tourist attractions.
Ski centers.
Commercial or private airports.
Timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres.
Sawmills, chipping mills, pallet mills and similar wood using facilities.
Mineral extractions.
Mineral extraction structures.
Watershed management and flood control projects.
Sewage treatment plants.
Waste disposal areas.
Junkyards.
Major public utility uses.
Industrial uses.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Rural use.
All land uses and development and all subdivisions of land located in the following critical environmental areas: within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law during the period of such designation; involving wetlands; at elevations of 2,500 feet or more; within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, except for an individual single-family dwelling and accessory uses or structures thereto; within 150 feet of the edge of the right-of-way of federal or state highways, except for an individual single-family dwelling and accessory uses or structures thereto; within 150 feet of the edge of the right-of-way of county highways designated by rule or regulation of the agency adopted pursuant to Subdivision 14 of Section 809[1] or in an approved local land use program, as major travel corridors by the agency or local government, except for an individual single-family dwelling and accessory uses or structures thereto. Provided, however, that the above shall not include forestry uses [other than clear-cutting as specified under Subsection A(4)(j) below and sand and gravel pits associated with such uses located within 150 feet of the edge of the right-of-way of the above described travel corridors], agricultural uses (other than sand and gravel pits associated with such uses located within 150 feet of the edge of the right-of-way of the above described travel corridors), open space recreation uses, public utility uses, and accessory uses or structures (other than signs) to any such uses or to any preexisting use.
[1]
Editor's Note: See Executive Law 809, Subdivision 14.
Any class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior to or at a time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by, and its review authorized, in a local ordinance or local law.
All land uses and development and all subdivisions of land involving 20 or more residential lots, parcels or sites or residential units, whether designed for permanent, seasonal or transient use.
Commercial or agricultural service uses involving 2,500 or more square feet of floor space.
All structures in excess of 40 feet in height, except residential radio and television antennas.
Tourist attractions.
Ski centers.
Commercial seaplane bases.
Commercial or private airports.
Timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres.
Sawmills, chipping mills, pallet mills and similar wood using facilities.
Mineral extractions.
Mineral extraction structures.
Watershed management and flood control projects.
Sewage treatment plants.
Waste disposal areas.
Junkyards.
Major public utility uses.
Industrial uses.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Resource management:
All land uses and development and all subdivisions of land located in the following critical environmental areas.
Within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law during the period of such designation;
Involving wetlands; at elevations of 2,500 feet or more;
Within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, except for an individual single-family dwelling and accessory uses or structures thereto;
Within 300 feet of the edge of the right-of-way of federal or state highways, except for an individual single-family dwelling and accessory uses or structures thereto;
Within 300 feet of the edge of the right-of-way of county highways designated as major travel corridors by rule or regulation of the agency adopted pursuant to Subdivision 14 of § 809 or in an approved local land use program, except for an individual single-family dwelling and accessory uses or structures thereto; provided, however, that the above shall not include forestry uses [other than clear-cutting as specified under Subsection A(5)(k) below and sand and gravel pits associated with such uses located within 300 feet of the edge of the right-of-way of the above described travel corridors], agricultural uses other than sand and gravel pits associated with such uses located within 300 feet of the edge of the right-of-way of the above described travel corridors, open space recreation uses, public utility uses, and accessory uses or structures (other than signs) to any such uses or to any preexisting use.
Any class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior to or at a time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by and its review authorized in a local ordinance or local law.
All subdivisions of land (and all land uses and development related thereto) involving two or more lots, parcels or sites.
Campgrounds involving 50 or more sites.
Group camps.
Ski centers and related tourist accommodations.
Agricultural service uses.
All structures in excess of 40 feet in height, except residential radio and television antennas.
Sawmills, chipping mills, pallet mills and similar wood using facilities.
Commercial sand and gravel extractions.
Timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres.
Mineral extractions.
Mineral extraction structures.
Watershed management and flood-control projects.
Sewage treatment plants.
Major public utility uses.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Industrial use:
Mineral extractions.
Mineral extraction structures.
Commercial sand and gravel extractions.
Major public utility uses.
Sewage treatment plants.
Waste disposal areas.
Junkyards.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
The following land use activities, by Park Plan classification, are subject to the Class "B" regional review procedure as set forth in the Adirondack Park Agency Act.
Hamlet: none.
Moderate intensity use:
Subdivisions of land (and all land uses and development related thereto) involving 15 or more but less than 75 lots, parcels or sites, other than subdivision of land involving mobile homes.
Subdivisions of land (and all land uses and development related thereto) involving less than 15 lots, parcels or sites, other than subdivision of land involving mobile homes, which do not meet the following criteria: in the case of such subdivisions involving land having shoreline, each lot, parcel or site is at least 25,000 square feet in size and complies with all of the provisions of the shoreline restrictions; in the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 40,000 square feet in size. Any subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class "B" regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivision or subdivisions exceeds 14.
Multiple-family dwellings.
Mobile home courts.
Subdivisions of land involving mobile homes (and all land uses and development related thereto) and involving two or more lots, parcels or sites.
Public and semipublic buildings.
Municipal roads.
Commercial or agricultural service uses involving less than 10,000 square feet of floor space.
Tourist accommodations.
Marinas, boatyards and boat launching sites.
Golf courses.
Campgrounds.
Group camps.
Commercial seaplane bases.
Commercial sand and gravel extractions.
Land use or development or subdivisions of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.
Any land use or development not now or hereafter included on either the list of primary uses or the list of secondary uses for moderate intensity use area.
An individual single-family dwelling within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands.
All land uses and development and all subdivisions of land within 1/2 mile of rivers designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law, other than those navigable by boat, during the period of such designation.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Low intensity use:
Subdivisions of land (and all land uses and development related thereto) involving 10 or more but less than 35 lots, parcels or sites, other than subdivisions of land involving mobile homes.
Subdivisions of land (and all land uses and development related thereto) involving less than 10 lots, parcels or sites which do not meet the following criteria: in the case of such subdivisions involving land having shoreline, each lot, parcel or site is at least 50,000 square feet in size and complies with all of the provisions of the shoreline restrictions; in the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 120,000 square feet in size. Any subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class "B" regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivision or subdivisions exceeds nine.
Multiple-family dwellings.
Mobile home courts.
Mobile homes subdivisions (and all land uses and development related thereto) and involving two or more lots, parcels or sites.
Public and semipublic buildings.
Municipal roads.
Commercial or agricultural service uses involving less than 5,000 square feet of floor space.
Tourist accommodations.
Marinas, boatyards and boat launching sites.
Golf courses.
Campgrounds.
Group camps.
Commercial seaplane bases.
Commercial sand and gravel extractions.
Land use or development or subdivisions of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.
Any land use or development not now or hereafter included on either the list of primary uses or the list of secondary uses for low intensity use areas.
An individual single-family dwelling within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands.
All land uses and development and all subdivisions of land within 1/2 mile of rivers designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law, other than those navigable by boat, during the period of such designation.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Rural use.
Subdivisions of land (and all land uses and development related thereto) involving five or more but less than 20 lots, parcels or sites, other than subdivisions of land involving mobile homes.
Subdivisions of land (and all land uses and development related thereto) involving less than five lots, parcels or sites which do not meet the following criteria: in the case of such subdivisions involving land having shoreline, each lot, parcel or site is at least 80,000 square feet in size and complies with all of the provisions of the shoreline restrictions of the plan; in the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 320,000 square feet in size. Any subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class "B" regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivisions or subdivisions exceeds four.
Multiple-family dwellings.
Mobile home courts.
Mobile home subdivisions (and all land uses and development related thereto) involving two or more lots, parcels or sites.
Public and semipublic buildings.
Municipal roads.
Marinas, boatyards and boat launching sites.
Golf courses.
Campgrounds.
Group camps.
Commercial sand and gravel extractions.
Land use or development or subdivision of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.
All land uses and development and all subdivision of land within 1/2 mile of rivers designated to be studied as wild, scenic or recreational in accordance with the environmental conservation law, other than those navigable by boat, during the period of such designation.
Any land use and development not now or hereafter included on either the list of primary uses or the list of secondary used for rural use areas.
Commercial or agricultural service uses involving less than 2,500 square feet.
An individual single-family dwelling within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, or within 150 feet of a designated travel corridor.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Resource management:
Single-family dwellings.
Individual mobile homes.
Forestry use structures.
Hunting or fishing cabins and hunting and fishing and other private club structures involving 500 or more square feet of floor space.
Land use or development or subdivision of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.
Any land use and development not now or hereafter included on either the list of primary uses or the list of secondary uses for resource management areas.
Municipal roads.
Golf courses.
An individual single-family dwelling within 1/8 mile of tracts of forest preserve land or waters now or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands, or within 300 feet of a designated travel corridor.
Campgrounds involving fewer than 50 sites.
All land uses and development and all subdivisions of land within 1/4 mile of rivers designated to be studied as wild, scenic and recreational in accordance with the environmental conservation law, other than those navigable by boat, during the period of such designation.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
Industrial use:
Sawmills, chipping mills, pallet mills and similar wood using facilities.
Industrial uses.
Commercial uses.
Agricultural service uses.
Public and semipublic buildings.
Municipal roads.
Any land use or development not now or hereafter included on either the list of primary uses or the list of secondary uses for industrial use area.
Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure.
§ 150-5.21 Coordination of regional subdivisions and projects.
Applicability. When a proposed subdivision or project is determined to be a Class "A" or "B" regional subdivision/project, and at such time as this Code or designated portions thereof may become part of an approved local land use program for the Village under the Adirondack Park Agency Act, the provisions of this article shall apply in addition to all other provisions of this Code.
Class "A" regional subdivisions/projects. The Adirondack Park Agency's review the Class "A" regional subdivisions/projects within the territory of the Village pursuant to and in accordance with § 809 of the Adirondack Park Agency Act shall be governed by the criteria and procedures hereinafter set forth, as well as those set forth in the Act as follows:
As soon as reasonably practicable following receipt by the Board of Appeals from the Adirondack Park Agency of notice of application completion with regard to a Class "A" regional subdivision/project, the Board of Appeals or one or more designees thereof shall consult with the Agency for the purpose of analyzing the application and formulating advisory recommendations as to whether the subdivision/project meets all of the pertinent requirements and conditions of the Village of Speculator Plan and this chapter.
[Amended 6-12-2023 by L.L. No. 2-2023]
Not later than 45 days following receipt by the Board of Appeals from the Agency of such notice of application completion with regard to a Class "A" regional subdivision/project, the Board of Appeals shall provide to the Agency its advisory recommendations as to whether the subdivision/project meets all of the pertinent requirements and conditions of this chapter. Should the Board of Appeals fail to provide such recommendations within the said period, the Agency may make the required finding without receipt of such recommendations.
[Amended 6-12-2023 by L.L. No. 2-2023]
The Adirondack Park Agency shall not approve a Class "A" regional subdivision/project unless it first determines, after consultation with the Board of Appeals and receipt of its advisory recommendations relative to the subdivision/project, that the subdivision/project would comply with all the pertinent requirements and conditions of the Village Plan and Land Use Code.
[Amended 6-12-2023 by L.L. No. 2-2023]
In making the determination required by § 809 of the Adirondack Park Agency Act as to the impact of a proposed Class "A" regional subdivision/project upon the resources of the Adirondack Park, including the ability of all levels of government to provide supporting facilities and services made necessary by the subdivision/project, the Agency shall consider these factors pertinent to the subdivision/project contained in the development considerations set forth in Article III of this Part V and such others as the Agency may establish for the review process under and according to the Park Agency Act.
The Board of Appeals may establish whatever joint procedures with the Adirondack Park Agency for review of Class "A" regional subdivision/projects which the Board and the Agency, at their discretion, deem desirable to minimize duplication and generally expedite the review process.
[Amended 6-12-2023 by L.L. No. 2-2023]
Class "B" regional subdivision/projects. The Board of Appeals review of any Class "B" regional subdivision/projects shall determine that the subdivision/project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Adirondack Park or upon the ability of the public to provide supporting facilities and services made necessary by the subdivision/project taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the subdivision/project. In making this determination, the Board of Appeals shall consider those factors pertinent to the subdivision/project contained in the applicable development considerations set forth in Article III of this Part V and according to the following:
[Amended 6-12-2023 by L.L. No. 2-2023]
If a Class "B" regional subdivision/project is also a Class "A" regional subdivision/project, the subdivision or project will be deemed to be a Class "A" regional subdivision/project in its entirety, and subject to the review authority of the Adirondack Park Agency as set forth above.
The Board of Appeals shall not approve a Class "B" regional subdivision/project unless it shall determine that the proposed subdivision/project is consistent with this Code, any other pertinent requirements of the Village land use program and is consistent with those development considerations as set forth in Article III of this Part V.
Application for approval of a Class "B" regional subdivision/project shall be made to the Code Enforcement Officer who shall refer the same to the Board of Appeals as is otherwise appropriate. All applications shall be in such form and include such information as the Board determines necessary to evaluate the subdivision/project under the requirements of this section and according to the development considerations set forth in Article III of this Part V. In particular, any such application shall include those items of information set forth in Article II of this Part V which are appropriate to the subdivision/project under consideration.
Within 10 business days following a determination by the Code Enforcement Officer that an application is complete, the Code Enforcement Officer shall notify the Adirondack Park Agency of the receipt of same and shall furnish the Agency a description of the subdivision/project application and afford the Agency the opportunity to comment thereon.
Within 10 business days following a determination that an application is complete, the Board of Appeals will determine whether or not, based on the subdivision/project scale, complexity, significance, relationship to the public interest and other requirements of this Code, a public hearing will be held.
No Class "B" regional subdivision/project may be disapproved unless a public hearing has first been held. If the Board of Appeals determines that a public hearing will be held, the hearing shall be scheduled in accord with the timetable elsewhere established, or if not elsewhere established, for a date not less than 15 days, nor more than 45 days, following the date of determination of subdivision/project application completeness. Any such public hearing will be advertised and conducted as elsewhere stipulated in this Code for public hearings. A copy of the notice of such hearing shall be provided to the Adirondack Park Agency and the Agency shall be a full party in interest with standing to participate in any and all proceedings conducted pursuant to the provisions herein set forth.
If the Board of Appeals determines that a public hearing shall not be held, then in accord with the timetable elsewhere established, but not later than 45 days following a determination that the application is complete, the Board shall approve the subdivision/project or approve it subject to conditions.
If the Board of Appeals holds a public hearing pursuant to the provisions of this section, then in accord with the timetable elsewhere established, but not later than 45 days after the completion of said hearing, the Board shall approve, approve subject to conditions, or disapprove the subdivision/project.
Every Class "B" regional subdivision/project decision rendered by the Board of Appeals shall be in writing, and shall contain such findings of fact as are required by this article. The Board of Appeals, in conjunction with its approval of any Class "B" regional subdivision/project, may impose such requirements and conditions upon the issuance of any permit as are allowable within the proper exercise of the police power to insure that the intent of this Code and provisions of this article are recognized.
Notice of final action on any Class "B" regional subdivision/project shall be transmitted to the Adirondack Park Agency within five business days following the date of such action.
§ 150-5.22 Introduction.
The Village of Speculator is an incorporated Village within the Town of Lake Pleasant, in Hamilton County. Since 1926, its municipal water supply source had been two storage reservoirs. Lake Pleasant was added as an additional source in 1978. Due to the Surface Water Treatment Rule, enacted by the Federal Government, the Village was faced with either supplying further treatment to its water or developing a groundwater source.
The engineering firm of Lamont, VanDeValk Inc. was retained to develop an engineering plan for a water system improvement project. This plan included improved water quality from the groundwater source, and hydraulic improvements with the construction of a .4 MG storage tank. Distribution system improvements were also a component of the plan. Eighteen thousand feet of new pipe were added to the existing system, eliminating most of the dead-end lines within the Village water system.
The firm of Caswell, Eichler and Hill, Inc., was retained to produce a hydrogeologic evaluation and locate the best possible location for wells to be developed. Through Mr. Caswell's efforts, the Village did locate an excellent groundwater source. Two twelve-inch diameter bedrock production wells have been established. The aquifer serving these two wells is capable of sustaining a yield of about 400 gallons per minute, with excellent water quality.
Through the efforts of these two firms, the Village of Speculator developed a water system improvement project that was acceptable for federal funding. The Farmers Home Administration and the EDA participated with loans and grants for this project. Most of the technical data in this article has been extracted from the work of Lamont, VanDeValk Eng. and Caswell, Eichler and Hill Inc. Technical engineering reports and hydrogeological reports are on file with the Village Clerk.
Protecting our groundwater source has been a primary concern throughout our water project. This concern has led us to the formation of this article. Our goal can be identified with New York State's goal "to protect wellhead areas within New York State from contaminants which may have any adverse effects on the health of persons, as described in the Federal Safe Drinking Water Act."
§ 150-5.23 Program description.
The goal of our wellhead protection program was to identify the area that will be encompassed by the guidelines established by Caswell, Eichler, and Hill Inc., New York State DEC, and the EPA. Once the areas were selected, the committee identified possible sources of contamination within the selected areas.
The topography of our area, the activities, which take place within the Village, locations of possible contaminants, and existing zoning regulations were all taken into consideration in formulating our wellhead protection plan.
By using EPA and DEC guidelines, the committee developed a protection plan which meets the specific needs of our community. The Village of Speculator has a substantial investment in preliminary data collection. Pumping tests, drilling logs, and required tests by the Department of Health have all been completed and included in the reports by our hydrogeologist. The reports compiled by Caswell, Eichler and Hill Inc. are on file at the Village Hall and are available for review.
Mr. Brad Caswell determined the watershed area that could have an impact on our aquifer. Our mapping includes the topography, location of the wells, land use information, soils survey mapping and contamination sources within these areas.
§ 150-5.24 Definitions.
The focus of this plan is the groundwater system supplying our public wells. Due to our inability to actually see what is taking place in the subsurface, it is vital to reach an understanding of how the groundwater system functions. Surface water is more easily understood for you can see the lakes, streams, and rivers at work. Groundwater functions are similar to these surface systems and can be influenced by surface waters.
This glossary is included to help clarify groundwater systems and how they function.
A water-bearing underground soil or rock formation; typically, one that can yield usable quantities of water to a well or spring. The type of material forming an aquifer will affect its ability to supply water. Bedrock aquifers will yield amounts according to the degree of fracture and the size of the openings within the bedrock.
An aquifer, designated by the US EPA, which is the "sole or primary source" of drinking water for a public or private community water system. Typically, areas are designated when 50% or more of the population depends upon groundwater for its drinking water. The EPA designation results from private or local government petition and prohibits federal funding for projects that might contaminate the sole source aquifer.
The lowering of the water table adjacent to a wellhead as a result of the pumping of the well. The area over a cone of depression is called the area or zone of influence.
Points at which water will leave an aquifer. Discharge is continuous so long as there is a supply of water above the point. Discharge points typically occur as seepage into wetlands, lakes and streams, or take on a visible form as springs.
The area flowing into a specific aquifer. In unconfined aquifers the groundwater usually flows into the same stream draining basin where it is located. Confined or artesian aquifers which may exist at great depth, may be part of a regional groundwater flow system that may or may not correspond with surface drainage.
The rate at which groundwater moves from recharge area to discharge point, typically measures in feet per day. Generally, the more permeable the soil or rock the faster the rate of flow. In some aquifers it may take years, decades, or even centuries for groundwater to travel long distances. Flow rates are fastest where large rock openings or crevices exist (as in limestone). Groundwater typically moves in parallel paths (i.e., layers) with little mixing. The limited nature of mixing results from the lack of sufficient speed to create the turbulence to cause mixing to occur.
Streams which receive groundwater discharges. If the rate of discharge into the stream is greater than or equal to the rate of flow of the stream, the level of water in the stream will be the same as the water table. This same situation exists for lakes and wetlands.
Streams which loose their water to the adjacent aquifers. This occurs if the stream surface level is at or above the water table level.
The measure of how the fast water will flow through the connected openings in soil or rock formations. Formations through which water cannot pass are referred to as "impermeable." The specific yield is the amount of water that will drain out of saturated soil or rock by gravity flow.
The capacity of soil or rock to hold water. Saturated bedrock with few crevices commonly contains less then 1% water. Despite its high water content (or porosity) clay is a poor water source because the extremely small size of the openings between microscopic clay particles creates friction which effectively halts water movement.
Areas from which water may seep into and replenish an aquifer. These areas may be directly above the aquifer, but where impermeable soils lie above an aquifer the recharge area may be some distance away. Valley aquifers may receive recharge from hillside runoff and streams as well as precipitation to the surface directly above the aquifer.
The portion of an underground formation in which water fills all of the openings (pores) in the soil or rock.
The zones usually present between the water table and the ground surface. In this zone, water fills only a portion of the openings in the soil or rock. Water seeps down through this zone to reach the saturated zone. The unsaturated zone typically provides water for plants and vegetation but cannot support wells.
The top of the saturated zone. This level will usually rise and fall with the seasons and with rainfall or drought conditions.
Recharge which results from the lowering of the water table such that the area of influence extends to a nearby stream or lake with the result that this body of water begins to lose water to the aquifer adjacent to the well site.
The groundwater recharge area that is the source of water for a well. Also known as the "catchment area" this may include only a portion of a larger aquifer recharge area.
The area above the cone of depression.
NOTE: | Definitions adapted from "What is Groundwater?" Bulletin #1 July, 1988, by Lyle S. Raymond, Jr., New York Water Resources Institute, Center for Environmental research. Cornell University, Ithaca, New York and other resources. |
§ 150-5.25 Definition of federal statutes.
Following is a list of the major federal statutes which govern various aspects of groundwater protection and their particular focus on groundwater related issues.
Is currently limited to groundwater shown to have a connection to surface water and sets standards for allowable pollutant discharges.
This is also known as the "superfund." This helps clean up abandoned hazardous waste sites, including sites that threaten drinking water supplies.
This act was established to set standards for pesticides which are potential contaminants of groundwater supplies, especially in rural areas.
This act sets standards for the design, operation and cleanup of hazardous waste facilities. The RCRA also regulates underground storage of petroleum and other hazardous substances and municipal solid waste landfills.
This act regulates the use of wells and established the Wellhead Protection Program. Sole source aquifer designation provides an additional level of review for some federal activities. In addition, the SDWA provided the US Environmental Protection Agency and the state with authority to ensure that drinking water supplied by public systems meets minimum health standards.
Through its Title III, requires businesses to notify governments of potential hazardous substances stored or managed on site. This provides information which may be of particular value in identifying contamination sources.
These are the major federal statutes that govern groundwater protection. In conjunction with these, the Federal EPA and the New York State DEC have been active in a number of projects to enhance the issue of groundwater protection. County governments, code enforcement officers, building inspectors, planning boards all play a role in serving to protect our groundwater.
§ 150-5.26 Well construction.
The eight-inch diameter well was constructed between January 15 and February 1, 1991, by Hansen Well Drilling and Pump Company, Inc., of Nassau, New York, 80 feet of twelve-inch diameter steel casing was set with a grouted drive shoe. The uncased bedrock hole was then continued at eight inches to a bottom depth of 536 feet. Major water-bearing fracture zones were encountered at 264 and 500 feet. An attempt to develop (clean out) these fractured zones was made by air surging each zone for a few hours. The total air lift yield measured after completing the well was approximately 480 gallons per minute(gpm). The driller's log is included in "The Hydrogeologic Evaluation of Eight-Inch Bedrock Well, Speculator, NY, CEH."
The twelve-inch casing was installed in anticipation of reaming out the successful eight-inch test well to a twelve-inch production well which would both improve the hydraulic efficiency of the municipal well and permit installation of a suitable pump. Based on the completed pumping test described herein, it is assumed that the well will be reamed to 12 inches in diameter in order to serve as a municipal well.
Two test wells were chosen for development as production wells. The wells are 50 feet apart and support the same water quality characteristics.
§ 150-5.27 Municipal water source description.
The production wells for the Village water supply are located about 2,000 feet northeast of Speculator Village in a low-lying partly wetlands area adjacent to the Sacandaga River which drains northeasterly from Lake Pleasant. The two production wells developed over a three-year period. Our first test drilling began in December of 1990. With these results, we were able to determine that the Elm Lake Road location would be most suitable for our needs, and the pilot wells were developed during 1991. During the summer of 1993, two production wells were established at this site. The enclosed map indicates the location of the two production wells and eight of the nine exploratory wells.
Our average water supply demand fluctuates throughout the year. Demand during the summer months is increased from what is indicated during the winter months. We are an area where the population increases during the peak tourist season of June, July, and August, which is reflected in our water demand. To compensate for the fluctuating demand, one segment of our water system includes a 400,000 gallon storage tank, which equalizes the water pressure throughout our water system. It also maintains a water supply at an adequate level regardless of the amount of water being accessed.
Throughout the development stage, step tests, and pumping tests were completed. Water quality was also documented at each phase of development. The results from the final well development tests are included in the appendix of this document.
Results from each round of testing is available at the Village Hall.
§ 150-5.28 Water system description.
The Village of Speculator water system supplies a population of 400 customers with 325 service connections. An average of 170,000 gallons per day is withdrawn from the wells at an average rate of 350 gallons per minute.
The water undergoes a variety of treatments. Chlorine is added to kill harmful microorganisms, protecting the public from waterborne diseases and keeping the system disinfected.
Polyphosphate is added to make the water less corrosive. This is necessary because many homes have lead and copper piping and fixtures. Making the water noncorrosive reduces the amount of lead and copper that enters the water.
From the well house, the water is pumped to a 400,000 gallon storage tank, where gravity creates the pressure needed to force it through the pipes and out the faucets. The storage tank also provides a reserve of water supply during power outages, fires, floods, and other emergencies.
The Village water system provides safe drinking water to approximately 325 households and businesses. The system can treat and distribute water to these customers for well under a penny a gallon.
§ 150-5.29 Aquifer geology.
Bedrock throughout the Adirondack Mountains is a small outlier of what is termed the "Canadian Shield," a massif of crustal bedrock that is ancient in geologic age (more than 500,000,000 years old) and the product of numerous igneous intrusions, and repeated periods of folding, faulting, and metamorphism. The general lithology at the eight-inch well site is granite gneiss with some zones of biotite-quartz schist or gneiss, some quartz veins and at least one altered diabase dike that is highly fractured and a significant source of groundwater.
A general region of pervasive bedrock fracturing (joints and/or faults) appears to underlie the pronounced valley in which Lake Pleasant is located and which extends northeasterly of Speculator along the Kunjamuk River to and beyond Elm Lake. This relatively straight-line valley is one of many "topographic lineaments" recognized throughout the Adirondack Mountains and mapped by geologists in the New York State Geological Survey (for example, Y.W. Isachsen and W.G. McKendree, 1977, Preliminary Brittle Structures Map of New York, New York State Geological Survey).
CEH mapped bedrock lineaments, which are indicative of underlying bedrock fractures, in the well site area using seismic refraction profiling (results reported previously to the Village of Speculator).
Unconsolidated sediments overlying the bedrock consist of glacial outwash (sand and gravel), glacial lacustrine (fine sand, silt, and clay), and glacial till (unsorted cobbles, pebbles, and sand in a silt and clay matrix).
The vertical distribution of these sediment types are at the well site shown by schematic cross sections included as Figures 3A and 3B. Maximum thickness of unconsolidated glacial cover found is about 79 feet near the test well TW-5 and the eight-inch well. In general, a few feet of silty sand and gravel is found directly over bedrock throughout the area of exploration drilling. This material is overlain in part by glacial till, which in turn is overlain by widely distributed glacial lacustrine (lake) deposits grading upwards from silt to fine and very fine sand. More regional mapping completed by CEH found significantly coarser sand and gravel deposits overlaying the fine -grained lacustine deposits in small areas that are local sources of aggregate. These small deposits are probably deltas that were constructed by streams flowing into the former glacial lake.
§ 150-5.30 Common sources of groundwater contamination.
The EPA has identified several activities that can be identified with groundwater contamination. We have listed the common sources and what elements from each potential source are found within the Village of Speculator's watershed protection area to date (1996).
Source | Possible Contamination | Location | Map Reference |
|---|---|---|---|
Agricultural | Chemical application | Niagara Mohawk ROW | |
Household lawns | Any lawn | ||
Commercial | Auto repair shops | Village Highway Department | 1 |
Cemetery | Village property | 2 | |
Factories | Rustic wood creations | 3 | |
Former road salt storage | Village Highway Department | 1 | |
Former junkyards | Village Highway Department | 1 | |
Storage tanks | Various locations | ||
Residential | Fuel storage system | Elm Lake Road | Any location |
Hazardous household products | Any location | ||
Septic systems, cesspools, water softeners* | Any location | ||
Sewer Lines | Any location | ||
Swimming pools | Chemical | 4 | |
Educational | Lake Pleasant Central School | 5 |
NOTES: | |
|---|---|
* | Category I sources are designed to discharge substances. |
§ 150-5.31 Wellhead protection areas.
§ 150-5.32 Wellhead protection policies.
The Village has identified necessary tools which are at our disposal for the purpose of protecting our water supply.
Health related issues. New York State SPDES Permit System Hamilton County Local Law No. 1, Extension of sewer lines in Zone No. 2 (engineering plan approved, and mapping completed).
Land use regulations. Local zoning regulations for subdivisions site plan review process.
General ordinances. State and/or local fuel storage, waste handling and disposal, hazardous materials handling, and inspection and testing for compliance.
Voluntary programs. Public education throughout the community citizen's participation (hotline, survey etc.) best management practices.
§ 150-5.33 Soils survey.
The types of soils for the wellhead protection area were listed on the USDA-SCS Soils Survey.
25 B. Adams coarse sandy loam, 3% to 8% slopes. This gently sloping excessively drained to well-drained soil in glacial outwash having a high sand content. It occupies gently sloping areas on outwash plains, deltas, terraces, kames, and eskers. Areas of this soil are oriented in a general Northeast-Southwest direction and are irregular in shape.
80-B-Becket very bouldery loam, 3% to 8% slopes. This gently sloping, well-drained soil formed in glacial till. It has a dense and compact fragipan layer in the substratum. Large stones and boulders are scattered across the surface. It occupies gently sloping areas on till plains. Areas of this soil are oriented in a general northeast-southwest direction and are roughly oblong in shape.
80-C-Becket very bouldery loam, 8% to 15% slopes. This sloping, well-drained soil formed in glacial till. It has a dense and compact fragipan layer in the substratum. Large stones and boulders are scattered across the surface. It occupies sloping areas on till plains. Areas of this soil are oriented in a general northeast-southwest directions are roughly oblong in shape.
80-DE-Becket very bouldery loam, 15% to 35% slope. This moderately steep to very steep well-drained soil formed in glacial till. It had a dense and compact fragipan in the substratum. Large stones and boulders are scattered across the surface. It occupies moderately steep to steep areas on till plains. Areas of this soil are oriented in a general northeast-southwest direction and are irregular in shape.
81-B-Peru very bouldery very fine sandy loam, 3% to 8% slopes. This gently sloping moderately well-drained soil formed in glacial till. It has a dense and compact fragipan in the substratum. Numerous large stones and boulders are scattered across the surface. It occupies gently sloping areas on till plains. Areas of this soil are oriented in a general northeast-southwest direction and are irregular in shape.
89-Burnham very bouldery loam. This poorly drained soil occupies nearly level areas or depression on till plains. Large stones and boulders are scattered across the surface. Slope ranges from 0% to 3%. This deep soil receives runoff from adjacent surrounding soils.
91 BC-Lyman-Becket-Berkshire Variant complex, 3% to 15% slopes. This soil complex consists of gently sloping to sloping loamy soils on undulating to rolling areas adjacent to mountain sides. Stone and boulders are scattered across the surface in many areas. The topography is irregular. Most areas are somewhat elongated and range from 10 to 100 acres. The mapping units consist of about 25% shallow Lyman soils, 25% well-drained Becket soils which have a fragipan, 25% well-drained moderately deep Berkshire Variant soils and 25% other soils. Bedrock is exposed at the surface in some areas. The soils in this complex are so intermingled that they were not mapped separately.
91 DE-Lyman-Becket-Berkshire Variant complex, 15 to 35% slopes. This soil complex consists of moderately steep to steep loamy soils on mountain sides. Large stones and boulders are scattered across the surface in many areas. The topography is irregular. Most areas are somewhat elongated and range from 10 to 300 acres. The mapping units consist of about 30% Lyman soils, 27% Becket, 26% moderately deep Berkshire Variant soils and 17% shallow soils, rock outcrops and wet soils. A dense fragipan is present in the Becket soils. The soils in this complex are so intermingled that they were not mapped separately.
92-F-Lyman-Berkshire-Rock outcrop complex, 35 to 70%. This complex consists of loamy soils on very steep bedrock controlled mountain sides. Stone and boulders are scattered across the surface in many areas. Most areas tend to be elongated, ranging from 10 acres to 160 acres in size. This mapping unit consists of about 35% shallow Lyman soils, 25% deep Berkshire soils and 20% rock outcrop, the remaining 10% consists mostly of moderately deep and very shallow soils. The soils in this complex are so intermingled that they were not separated in mapping.
185-Borasprists, level. These nearly level, very poorly drained soils formed in deep organic deposits occupy level and depressed areas in swamps and bogs. Slope is 0% to 2%. Areas of these soils are irregular in shape. Individual areas range from four acres to 500 acres in size.
§ 150-5.34 Community socioeconomic impacts.
Local industry.
The Village of Speculator has gone to great lengths to meet the requirements of the SDWA. Through these efforts, the Village has achieved many goals which will benefit local industry. With tourism being the main industry within this area, having an excellent source for water supply provides several positive features.
One of the outstanding benefits to industry is the increased fire protection. We have installed new fire hydrants, refurbished older hydrants and provided a water system with enough pressure to substantially improve the pumping capabilities of the Fire Department. This will enhance the business climate by reductions in insurance for fire protection.
Community groups. Community groups are also benefited. Knowing that the Village water supply is of excellent quality, community groups can take pride in the efforts put forth by the municipality to provide this quality service. It is a selling point for the community. Village officials and community groups can promote our community with confidence, knowing that we have insured our compliance with the SWDA to provide for protection of public health.
Public facilities. Our community has been impacted in several ways. The public school, intermediate care facilities, local restaurants, and Fire Department all have complemented the Village for the improved service. Increased and consistent pressure, improved taste, and confidence in the consistent quality have provided an asset for these facilities.
§ 150-5.35 Implementation.
Public education. The Village considers public education to be its lifeline to protection of the aquifer. The more we are able to inform people about our valuable resource, the more protection we have. We plan to reach the school children, senior citizens local organizations, and seasonal residents to promote protection and conservation measures.
Enforcement. Enforcement of our wellhead protection rules and regulations will be the responsibility of the Village. Within Zone No. 1, it is the direct responsibility of the Village to protect its water source. As we extend to Zone No. 2 and Zone No. 3, existing local laws, New York State DEC Regulations, New York State Department of Health Regulations, and amendments to these documents, will provide the direction to our protection plan.
Financing.
Funding a wellhead protection program will involve a range of topics to be covered. Several are listed in this program, but financial aspects should remain flexible to accommodate future modifications.
Costs affiliated with the wellhead protection program will fluctuate. Monies need to be available for promotional materials in relation to public education. We also need to address the actual costs for personnel and promotion associated with public education.
Establishing funding for the purchase of equipment that may be needed to provide immediate protection for Zone No. 1 at the wellhead should be considered.
Financing this program should be considered as an ongoing expense with the Village. Needs will vary, but it is essential to have a financial policy. In the event of an incident for potential contamination, the expense of continuing public education, enforcing the permit process, possible litigation are all items for financial consideration.
§ 150-5.36 Protection guidelines.
After consideration, it has become apparent that the most realistic and implementable means of developing rules and regulations for the Village's wellhead protection plans is to amend this chapter. Modifications will reflect the concerns for groundwater protection, especially in Zone No. 1 and the adjacent watershed area.
Purpose. This proposed amendment of the Village of Speculator Zoning chapter and map is to incorporate a wellhead protection zone adopted under the authority of Article 7, § 7-700 of the Village Law of the State of New York. This amendment is to assist in the preservation of public health, general welfare and safety of the residents of the Village and Town and to facilitate the adequate prevention of groundwater contamination in the vicinity of the wells which supply public drinking water.
Based on hydrogeologic evaluation of our bedrock well, completed by CEH, 1991, and regulations from the New York State Department of Health, and New York State Department of Environmental Conservation we have established the following criteria for our wellhead protection district.
The wellhead protection area required by New York State Department of Health is minimally an area with a 300-foot radius around the pumping well. A circle with a 100-foot radius must be owned while the remaining area must be strictly controlled by zoning and maintained "undeveloped."
Note: The area contributing groundwater to the well is larger than the required 300-foot radius of protection. Mr. Caswell states, "Enlargement of the circular wellhead protection area along the Northeast-Southwest trend of the regional bedrock fracture trends is not warranted by available data. There are, however, too few bedrock observation wells to be sure of this apparent finding."
§ 150-5.37 Bibliography.
Caswell, Eichler, and Hill Inc., Hydrogeological Evaluation of eight-inch Bedrock Well, Village of Speculator.
United States Environmental Protection Agency, Local Financing for Wellhead Protection.
United States Environmental Protection Agency, Wellhead Protection Programs: Tools for Local Governments.
Village of Sidney, NY, Model Land Use Regulations for the Protection of Wellhead Areas.