chapter 115, zoning zoning changes/0108... · web viewarticle i, general provisions 115-1. title....

Town of Galway Zoning Amendments January 2008

Zoning Chapter PageArticle I: General Provisions 3

115-1: Title 3115-2: Purpose 3115-3: Authority 3115-4: Severability 3115-5: Effective Date 3

Article II: Terminology 4115-6: Word Usage 4115-7: Definitions 4

Article III: Establishment of Districts 20115-8: List of Districts 20115-9: District Purposes 20115-10: Delineation of Overlay Districts 21115-11: Zoning Maps 22115-12: Interpretation of Boundaries 22

Article IV: General Regulations 22115-13: Schedule of Regulations 22115-14: Application of Regulations 22115-15: Exceptions 23

Article V: Districts, Use and Area Requirements 25115-16: Agriculture/Residential District 25115-17: Residential Core District 27115-18: Residential Hamlet District 29115-19: Commercial Business District 30115-20: Lake District 32115-21: Natural Resource Overlay District 34115-22: Agricultural Overlay 35

Article VI: Supplemental Regulations 36115-23: Incentive Zoning 36115-24: Clustered and Conservation Subdivisions 37115-25: Driveways and Rural Roads 46115-26: Private Sewage Disposal 48115-27: Alteration/Repair of Private Sewage Disposal 49115-28: Landfills, waste disposal 49115-29: Public Utilities 49115-30: Permanent Signs 49115-31: Temporary Signs 54115-32: Occupational Signs 55115-33: Junkyards and Junk Cars 55115-34: Nonconforming Uses 55115-35: Garage Sales 57115-36: Communication Towers 57115-37: Mobile Homes 62115-38: Regulations for all Residences 63115-39: Excavations and Earth Removal 63115-40: Off-street Parking 64115-41: Off-street Loading 67115-42: Vegetative Screen, Parking Buffer 67

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115-43: Purpose of Planned Development District 68115-44: Objectives of Planned Development District 68115-45: Standards for Planned Development District 68115-46: Planned Development District Procedures 71115-47: Adult Uses 73115-48: Bed and Breakfasts 74115-49: Home Occupations 75115-50: Swimming Pools 77115-51: Fences 77115-52: Accessory Apartments 77115-53: Historic Preservation 78115-55 through 57: Reserved 79

Article VII: Administration and Enforcement 80115-58: Interpretation; application 80115-59: Appointment of Code Enforcement Officer 80115-60: Powers and Duties of Code Enforcement Officer 80115-61: Code Enforcement Officer Referral 81115-62: Permits for Buildings not on Approved Streets 82115-63: Violations 82115-64: Engineering, Legal and Consulting Fees 83115-65 to 69: Reserved 84115-70: Creation of Zoning Board of Appeals 84115-71: Powers and Duties of Zoning Board of Appeals 85115-72: Zoning Board of Appeals Procedures, Meetings 86115-73: Creation of Planning Board 88115-74: Powers and Duties of Planning Board 89115-75: Special Use Permits and Site Plan Review 90115-79: Amendments 103

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Chapter 115, ZONING

ARTICLE I, General Provisions

§ 115-1. Title.This chapter shall be known and may be cited as the "Zoning Regulations of the Town of Galway."

§ 115-2. Purpose. The purpose of this chapter is to:

A. Protect the health and general welfare of the Town of Galway, B. To secure safety from fire, panic and other dangers, to provide for adequate air and water and

access to sunlight, C. To avoid undue concentration of population, D. To facilitate the adequate provision of transportation, water, sewerage, parks, schools and

other public requirements and E. To foster orderly change with a view to conserving the value of property and encouraging the

appropriate use of the land throughout the town, with reasonable consideration, among other things, of the character of the districts and their peculiar suitability for particular uses.

F. To guide the future growth and development of the Town in accordance with the Town of Galway Comprehensive Plan.

G. To encourage the continuation of agricultural activities.

H. To ensure that the design of new development protects open space, environmentally sensitive areas, community character, and other important natural resources in Galway.

G. The size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards and other open spaces, the density of population and the use of buildings, structures, other matters described herein and land designated for trade, commercial business operations, residence, agricultural or other purposes are hereby regulated as hereinafter provided.

§ 115-3. Authority

A. This Chapter is enacted pursuant to the authority and power granted by the Municipal Home Rule Law of the State of New York and the Town Law of the State of New York, in conformance with the Town of Galway Comprehensive Plan duly adopted by the Town Board.

§115-4. Severability

A. If any part of this Chapter is declared to be invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of said Chapter as a whole, or any other part of said Chapter. The Town Board hereby declares that it would have adopted this Chapter and each part thereof irrespective of the fact that any one or more of the parts may be declared invalid.

§115-5. Effective Date

A. This Local Law, together with the Zoning Map, shall take effect upon filing with the Secretary of State.

ARTICLE II, Terminology

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§ 115-6. Word usage.A. To facilitate public understanding of this chapter and for the better administration thereof, all

words in this chapter shall carry their customary meanings or shall mean as specifically defined in this Article.

B. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

C. Where provisions of this chapter impose greater restrictions than those of any statue, ordinance or regulations, the provisions of this chapter shall be controlling. When the provisions of any statute, other ordinance or regulations impose greater restrictions than this chapter, the provisions of such other statute, other ordinance or regulations shall be controlling.

§ 115-7. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED VEHICLE – See Junk Vehicle.

ABANDONMENT -- The voluntary absolute relinquishment or the giving up of a known right to which one is entitled with the intention of permanently terminating or parting with such right. The intention of "abandonment" shall be conclusively presumed by the cessation of such nonconforming use by an overt act or failure to act, implying that the owner intends to permanently cease putting the premises to the nonconforming use or such other nonconforming use as may be permitted by this chapter.

ACCESSORY APARTMENT -- A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be clearly accessory and incidental to the principal dwelling.

ACCESSORY BUILDING -- A supplemental free standing building, the use of which is incidental to that of a principal building and located on the same lot therewith.

ACCESSORY USE -- A use customarily incidental and subordinate to the main or principal use or building and located on the same lot with such principal use or building.

AGENT OF OWNER- Any person who can show written notarized proof that he/she is acting for the property owner.

ADULT USE -- Any use or business that:

(1) Is the use of land, structures or location for an adult entertainment business as herein defined; and

(2) Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and

(3) Is an establishment, location, building or structure which features topless dancers, nude dancers or

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strippers, male or female; and

(4) Is a location, building or structure used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media, photo sessions, posing, and display or sale of paraphernalia, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to sexual activities or anatomical areas. Adult Use Businesses include adult bookstores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets, and adult drive-in theaters

AGRICULTURAL DISTRICT -- A special district designated by the Saratoga County Board of Supervisors pursuant to New York State Agriculture and Markets Law.

AGRICULTURE, AGRICULTURAL USE - The employment of land, for raising, harvesting, and selling crops, or feeding, including but not limited to, grazing, breeding, managing, selling or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticulture, floriculture or viticulture, aquaculture, hydroponics, Silva-culture, animal husbandry, or by a combination thereof. It also includes the employment of land for stabling or training equines, including but not limited to providing riding lessons, training clinics and schooling shows, including other on-farm niche marketing promotions.

AGRITOURISM – Activities conducted on a farm and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity may be secondary to the primary farm use on a property located in the RA district. Agritourism activities may be conducted in an accessory building or structure, and include, but not limited to on-farm bed and breakfasts, farm stay programs, u-pick operations, restaurants, farm stores, and pumpkin patches.

ALTERATIONS -- As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another or modifying in any way from a town approval plan or program.

ANNEXATION -- The joining of one parcel or a part of a parcel to an adjacent parcel where no additional building lot is created. Sometimes referred to as a "lot line adjustment" (see subdivision).

AREA, BUILDING -- The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of patios, terraces and steps.

AREA REGULATIONS – The regulation of building size, setbacks or yards, parking and loading requirements and similar regulations, but excluding any performance standards.

AUTOMOBILE JUNKYARD—Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on public highways or in agricultural activities are held, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise; for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for such purposes of used parts, waste materials from the vehicle which taken together equal two or more such vehicles provided that the term “junkyard” shall not be construed to mean an establishment having facilities for processing iron, steel or scrap and whose principal produce is for sale for

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re-melting purposes only. For the purpose of this definition, “motor vehicle” shall mean all vehicles propelled or drawn by power originally intended for use on public highways or in farming activities.

AUTOMOBILE SALES – see Motor vehicle sales.

BAKERY -- A building or structure utilized for the baking of breads and/or pastries for sale on and off the premises.

BAR/TAVERN -- A place in which the principal income is derived from the sale of serving of alcoholic beverages for consumption on the premises, with or without live entertainment.

BED-AND-BREAKFAST -- A private dwelling in which not more than six bedrooms are offered for rent on a daily basis to transient clients and where a single meal (breakfast) is offered and included in the rental fee. The meal may be served to overnight guests only.

BILLBOARD -- An outdoor advertising sign available on lease for the display of a commercial or public service message and which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally upon such lot.

BOND- A written agreement issued by a qualified agent, which guarantees either the performance of a certain agreed-upon activity or an equivalent consideration if the activity is not completed as required.

BUFFER AREA, BUFFER ZONE – Open space, landscape areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another use or property so as to visually shield or block noise, light, or other nuisances.

BUILDABLE AREA – The space remaining on a legal lot after the minimum yard, area and bulk requirements have been met.

BUILDABLE LOT -- A lot that complies with all the requirements set forth in the Zoning Ordinance and has no foreseeable difficulties for the reason of topography, irregular shape or other natural conditions that may impede construction. [Added 6-13-2000 by L.L. No. 1-2000]

BUILDABLE YIELD – The number of potential building lots or the maximum unit density for a proposed subdivision after deduction of constrained land areas on the parent parcel and the minimum yard, area and bulk requirements for each proposed lot have been met.

BUILDING -- Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattel.

BUILDING COVERAGE – The amount of land covered or permitted to be covered by a building or buildings, measured in terms of a percentage of the total lot area. Such coverage is to be measured at mean grade level and excludes uncovered porches, terraces, and steps.

BUILDING ENVELOPE – The space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks and includes all disturbances for building, driveways, well and septic systems.

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BUILDING, FRONT LINE OF -- The baseline of a vertical plane, parallel to the street line or to the driveway in the case of keyhole lots or to the lakeshore in the case of lakefront lots and extending from one lot line to another, beyond which no portions of a building shall extend into the front yard. Side and rear building lines shall be determined in a comparative manner. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING, HEIGHT -- The vertical distance measured from the mean elevation of the proposed finished grade at the front entrance of the building to the highest point of the roof for flat roofs, to the deck line of the mansard roofs and to the median height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is located.

BY-RIGHT USE – The use of land that is not subject to site plan, special use permit, or use variance approval.

BUSINESS OPERATION -- Any operation, structure or establishment involved in the making, developing, processing, distributing, exchanging or selling of goods, materials, resources or service with profits as the motive for the operation.

CAR WASH -- A building, the use of which is devoted to the washing of and cleaning of the interior and exterior of trucks and automobiles, including but not limited to one of the following types:

CONVEYOR TYPE -- A car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power.

DRIVE-THROUGH TYPE -- A car wash facility where automobiles are driven through the washing process under their own power.

SELF-SERVICE TYPE -- A car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility.

CELL TOWER – see telecommunication.

CLUB, MEMBERSHIP OR PRIVATE -- An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club.

CLUSTER SUBDIVISION – A residential subdivision where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be concentrated on a smaller and more compact portion of land and where a majority of the remaining land is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.

COMMERCIAL RECREATION – A private outdoor and/or indoor recreational facilities such as golf courses, playgrounds, swimming pools, ice rink, tennis courts, and fishing and hunting preserves, water park, tennis courts, driving ranges, basketball courts, handball and racquets courts, baseball and softball fields, football fields, polo fields, tracks, and riding rinks.

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COMMERCIAL USE-Any use involving the sale, rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee.

COMMUNITY BUILDING -- A building used for neighborhood meetings and recreation, whether a fee is charged or not, but excluding buildings belonging to a church or other places of worship.

COMPREHENSIVE PLAN- The long range plan intended to guide growth and development of the town, expressing official policy on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity and adopted according to New York State Town Law 272-a.

CONSERVATION SUBDIVISION -- A residential subdivision where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be placed on the parcel in a flexible manner, where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed and where a majority of the remaining land is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.

CONSTRAINED LAND – Land containing one or more of the following: State and federal protected freshwater wetlands; 100 year flood plains or flood hazard areas; steep slopes of twenty (20%) percent and greater.

CONVENIENCE STORE -- A freestanding retail store offering primarily packaged groceries and offering token selections of a wide variety of sundries. Convenience stores shall be a maximum of 2,500 square feet and shall not include the dispensing of gasoline or other motor vehicle fuels unless appropriate approvals for a gas station have been obtained. [Added 6-13-2000 by L.L. No. 1-2000]

CONVERSION -- A change in use or occupancy of a dwelling by alteration or by other reorganization as to increase the number of families or dwelling units in a structure or use of a structure.

CULTURAL FACILITY – Establishments that document the social and religious structures and intellectual and artistic features that characterize a society and include museums, art galleriws, and botanical and zoological gardens of a natural, historic, educational, or cultural interest. While these activities may charge admission fees, expenses or some percentage of expenses are often borne by public agencies, foundations or donations.

DAY CARE—Daytime care or instruction of three or more individuals away from their own homes for more than 3 but less than 24 hours per day on a regular basis by an individual, association, corporation, institution or agency, whether or not for compensation. Such facilities must meet New York State and Federal requirements.

DAY-CARE CENTER – A place other than an occupied residence, providing or designed to provide day care for any number of individuals, or an occupied residence providing or designed to provide day care for seven or more individuals. Such facilities must meet New York State and Federal requirements.

DAY CARE HOME—An owner-occupied residence providing or designed to provide day care for more than three but not more than six individuals less than 14 years of age. Such facilities must meet New York State and Federal requirements.

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DENSITY – The ratio of lot area per family or dwelling unit on a lot.

DEPARTMENT STORES -- A mercantile establishment conducted wholly within the principal structure carrying assorted and unrelated lines of primarily nonfood merchandise and is primarily customer self-service with checkout registers as the principal point of monetary transaction.

DEVELOPABLE AREA -- That portion of a parcel that is appropriate for development, i.e. does not contain steep slopes, wetlands (including buffers), shallow bedrock or other site features making development inappropriate.

DEVELOPER—The legal or beneficial owner or owners of all the land proposed to be included in a development proposal.

DISTURBANCE – All land preparation activities involving the movement, placement, removal, transfer or shifting of soil and/or vegetation, including but not limited to, clearing, draining, filling, grading, re-grading or the building of structures or the placement of improvements on land including the construction of individual sidewalks, paths, roads or driveways. The condition of land disturbance shall be deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with this Chapter.

DOMESTIC ANIMAL -- Any domesticated sheep, horse, donkey, mule, cattle, deer, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant, poultry, pigeons and also any animal, including birds, which is raised under license from the State Department of Environmental Conservation.

DRIVE-IN ESTABLISHMENT -- A business where a customer is permitted or encouraged, either by design of physical facilities or by service and/or packaging procedures, to conduct business, or the providing and/or sale of goods and services in the off-street parking accessory to the business, while seated in a motor vehicle.

DWELLING, MULTIFAMILY – A building designed for occupancy by three or more families living independently of each other.

DWELLING, SINGLE-FAMILY -- A detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY -- A building designed for or occupied exclusively by two families living independently of each other where not more than two individual dwelling units are separated by vertical walls or horizontal floors.

DWELLING, SEASONAL – A structure intended for personal occupancy, inhabited infrequently and not considered a principal residence. Such dwelling need not contain insulation.

DWELLING UNIT – One or more rooms with the provision of living, cooking, sanitary and sleeping facilities designed for use by one family.

EASEMENT - Authorization by a property owner for the use of any designated part of his property by another, and for a specified purpose.

EQUESTRIAN OPERATION -- Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club association, ranch or similar establishment.

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EXCAVATION—Any activity which removes or significantly disturbes rock, gravel, sand, soil or other natural deposits.

FAMILY -- One or more persons occupying the premises and living as a single not-for-profit housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FARM – (see agricultural use)

FARM MARKET – A permanent year-round structure for the purpose of the sale of farm produce and agricultural products. (See also Roadside Stand).

FLAG LOT – See Lot, Keyhole or Flag.

FLOOR AREA RATIO, BUILDING -- The quotient of the floor area of a building divided by its lot area.

FLOOR AREA, BUILDING -- The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the areas of roofed porches and roofed terraces. All dimensions shall be measured between the exterior faces of walls.

FLOOR AREA, LIVABLE – In accordance with the New York State Building Code, all spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms, basement rooms having a window area of less than 20% of the square foot area of the room, unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit, and all attic spaces having a clear height of six feet from the finished floor level to the pitch of the roof rafter with a clear height of seven feet six inches (7’ 6”) from the finished floor level to the ceiling over 50% of the area of such attic space.

FLOODPLAIN or FLOOD-PRONE AREA -- A land area adjoining a river, stream, watercourse, bay or lake which is likely to be flooded.

FORESTRY – Commercial logging operations, clearing or destruction of forested or woodland areas, selective cutting or clearing for commercial or other purposes, clearing for agricultural or other prospective land uses, and clearing of vegetation in reserved open space or resource protection area; however, it shall not include clearing for single family residence construction sites where such clearing shall be carried out as part of the Building Permit issuance procedure.

FOWL FARM -- A farm used for raising for gain either poultry or game birds in total quantities of 200 or more birds.

FUNERAL HOME -- A building used for the preparation of the deceased for burial and the display and ceremonies connected therewith before burial or cremation.

FRONTAGE – That side of the lot nearest the street. A corner lot shall be considered to have two such frontages.

GARAGE, PRIVATE -- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises. See also automobile service, gasoline or filling station.

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GARAGE, COMMERCIAL -- Any garage, other than a private garage, operated for gain and which is used for storage, repair, rental, inspection, greasing, washing, cleaning, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARAGE SALE -- A short-term public sale of no more than four consecutive days in a month of used goods by a person, club, civic group or charitable organization (includes barn sales, porch sales, yard sales and similar designations).

GASOLINE FILLING STATION -- Structures and buildings used for the sale of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning and servicing such motor vehicles, but not including the painting or major repair thereof or the use of mechanical car wash equipment. The term "gas station" may also include a convenience store as an integral part of the gas station. [Amended 6-13-2000 by L.L. No. 1-2000]

GROCERY STORE -- A commercial establishment for the retail sale of food and related consumable items.

GREENSPACE -- An area designated within a development, the purpose of which is intended for open space preservation, recreation (active or passive), landscaping or parkland. Unless otherwise required by the Planning Board, said lands shall be undisturbed and left in their natural state.

GROUP HOME -- A dwelling which is occupied by two or more unrelated individuals who are handicapped, developmentally disabled or emotionally disturbed and which is supervised by a paid or volunteer live-in counselor and is licensed by the State of New York.

HOME OCCUPATION -- An occupation for gain or support conducted on the premises. Home occupations shall not disturb the quality or character of the neighborhood, discharge any pollutants into the environment or create undue noise, heat, smell or light. The maximum size for a sign advertising a home occupation shall be four square feet.

Minor Home Occupation-- Any nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which does not change the residential character of the dwelling unit or vicinity and where no non-resident employees, customers or clients enter the premises and where no signage, or exterior storage of products or equipment are required.

Major home occupation: A business activity results in a product or service for financial gain, conducted wholly or partly in a dwelling unit or accessory structure which is clearly secondary to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use other than a sign and where customers, clients or sales representatives enter the premises and in which not more than three nonresidents are employed.

HORSE BOARDING OPERATION -- A horse boarding operation provides care, housing, health, related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and uses for such activities, are part of the farm operation. Riding academies offering riding lessons to the public and to individuals that do not own or have a long-term lease for the horse

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that is boarded and used at the facility for such riding and operations whose primary function is horse racing are not considered a horse boarding operation.

HORSE FARM-- An agricultural use for stabling, or training equines, including but not limited to providing riding lessons, training clinics, and schooling shows. Under no circumstances shall this be construed to include operations whose primary on site function is horse racing.

HOSPITAL – An institution providing health services primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. It does not include sanitarium, clinic, rest home, nursing home, or convalescent home

HOTEL -- See "motel/hotel."

IMPERVIOUS SURFACE -- Any material that prevents absorption of stormwater into the ground.

IMPERVIOUS LOT COVERAGE – The amount of a lot covered in impervious surfaces such as buildings, parking lots, roads, drives, accessways, sidewalks, paved drainageways or other materials covered by materials which prevent the percolation of rainwater into the soil.

INDOOR RECREATIONAL FACILITY – A building designed and equipped for the conduct of sports, or gymnasium uses undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation facilities. However, an indoor recreation use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses.

INDUSTRIAL, HEAVY – includes a wide range of assembling, fabricating, and manufacturing activities such as: food processing, manufacturing and packaging; grain storage, processing and distribution; concrete and asphalt batch plants; manufacture of products and merchandise involving the use of chemicals, processes or materials that might constitute a potential explosive or environmental hazard; slaughter plants, packing houses, animal by-products rendering, and other such animal processing activities; automobile salvage and reclamation yards and facilities; processing or production of oil, natural gas, geothermal resources or other hydrocarbons; foundries; truck terminals, delivery services, moving and storage facilities, and truck maintenance.

INDUSTRIAL, LIGHT – includes limited manufacturing, wholesaling, warehousing, research and development, and related commercial/service activities such as: beverage bottling, distribution and warehousing; contractors offices and storage buildings; including general contractors, plumbers, electricians, heating, ventilating, air conditioning contractors, masons, painters, refrigeration contractors, roofing contractors, and other such construction occupations; distribution centers; ice production, storage, sales and distribution; laboratories for research, testing and experimental purposes; machine shops; manufacture of computers, computer peripherals, electrical appliances, electronic equipment, medical instruments, and other similar products from previously manufactured components; manufacture of precision instruments and equipment such as watches, electronics equipment, photographic equipment, optical goods and similar products; manufacturing of articles or merchandise from previously prepared or natural materials such as cardboard, cement, cloth, cork, fiber, glass, leather, paper, plastics, wood, metals, stones and other such prepared materials; printing and publishing.

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JUNK VEHICLE -- Any vehicle which:

A. For any reason is incapable, without repair, of being moved or propelled by application of internal power, if it is a vehicle originally designed to be propelled by internal power (such as an automobile, bus, truck, motorcycle, etc.) or is incapable without repair of being drawn or towed, if it is a vehicle (such as a trailer) originally designed to be towed or drawn from behind an internally powered vehicle;

B. As judged by the standards of an ordinary reasonable person, is unsightly in appearance because of the existence of one or more conditions, such as but not limited to the following: deterioration by rust of the body; deterioration of the exterior finish of the vehicle; broken windows, absence of component parts of the vehicle (such as fenders, panels, doors, tires, wheels, grille, roof, tailgate); physical parts of the vehicle; absence of interior components (such as seats, dashboard, interior door moldings, etc.); or

C. Is incapable of being moved or propelled, drawn or towed without repair as provided in Subsection A above and has remained situated on any real property for a period in excess of 90 days.

JUNKYARD -- Any area of land, including buildings thereon, which is used primarily for the collecting, storage and or sale of wastepaper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. The deposit on a lot of two or more wrecked or broken down machines or the major parts thereof for three or more months will be deemed to make the lot a junkyard.

KENNEL -- Any place at which there are kept four (4) or more dogs more than four (4) months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

KEYHOLE LOT – See Lot, Keyhole or Flag.

LIVESTOCK—Animals, including but not limited to, domestic animals such as sheep, horses, cattle, fowl, and goats.

LOT -- A parcel of land occupied or capable of being occupied by buildings and the accessory buildings or uses customarily incident to it, including such open spaces as are required by law.

LOT, CORNER -- A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, KEYHOLE OR FLAG -- An irregularly shaped lot characterized by an elongated extension from a road to the principal part of the lot. The keyhole or flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.

LOT LINE ADJUSTMENT -- Any alteration of lines or dimensions of any lots or sites shown on a plat previously filed in the office of the County Clerk or set forth on the applicable tax map that creates no additional lots (see subdivision).

LOT LINES -- The property lines bounding the lot.

A. LOT LINE, FRONT -- The line separating the lot from a street, road, highway or right-of-way.

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B. LOT LINE, REAR -- The lot line opposite and most distant from the front line.

C. LOT LINE, SIDE -- Any lot line other than a front or rear lot line. A side lot line separating a lot from a street, road or highway is called a "side street, road or highway lot line."

LOT OCCUPANCY -- That percentage of a lot covered by the building area.

LOT, DEPTH OF -- The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot

MEMBERSHIP CLUB – An organization with preestablished formal membership requirements, bylaws, and with the objective of promoting the interests of its members.

MIXED USE STRUCTURE – A building in part for one use and in part for some other use not accessory thereto, where one use may be considered primary and the other secondary.

MOBILE HOME -- A transportable one-family dwelling equipped for year-round occupancy and containing the same water supply, waste disposal, heating and electrical conveniences as immobile housing and which must conform to the New York State Building Code pertaining to such structures. The term "mobile home" shall include vehicles mounted on temporary or permanent foundations, with or without wheels, collar or skids in place, but shall not include a camping trailer, travel trailer or office trailer. Any transportable dwelling in excess of 40 feet in length shall be deemed to be a "mobile home”, not to include motor homes.

MOBILE HOME PARK -- An area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for non-transient dwelling purposes and approved as such by the Planning Board subsequent to the introduction of a Zoning Law in the Town of Galway, and not including the selling or servicing of trailers or mobile homes in the mobile home court.

MODULAR HOME- Factory built structure that is transported to the site and come in multi-sections to be placed on a permanent foundation and are not transportable after installation and do not have an axle.

MOTEL/HOTEL -- A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term includes buildings designated as tourist courts, motor lodges, auto courts, resort hotels or similar appellations.

MOTOR VEHICLE REPAIR SHOP -- A building or portion of a building arranged, intended, or designed for making repairs to motor vehicles, their mechanical systems and their body structure, including painting, but excluding the sale of petroleum products.

MOTOR VEHICLE SALES -- A building and/or area arranged, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used.

MOTOR VEHICLE SERVICE STATION -- Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle minor accessories, and which may or may not include facilities for lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.

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MULTIFAMILY DWELLING -- See Dwelling, multi-family

NEIGHBORHOOD COMMERCIAL STORE -- Small, commercial establishments catering primarily to vehicular or pedestrian traffic from nearby residential areas, providing convenience goods and service to the public.

NET ACREAGE – see developable area.

NONCONFORMING USE -- see “Use, Nonconforming.”

OCCUPANCY -- The placing of personal belongings, such as clothing and furniture, within the dwelling shall only take place after the issuance of a certificate of occupancy at which time it will be considered occupied.

OFFICE, BUSINESS -- A place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a business and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, insurance brokers, real estate brokers and persons with similar occupations.

OFFICE, PROFESSIONAL -- An office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge.

OFFICIAL MAP—The map established by the Town Board under New York State Law 270 showing streets, highways and parks.

OPEN SPACE -- Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.

OPEN SPACE, USABLE -- An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants.

OVERLAY DISTRICT -- A district, with supplementary regulations, which is superimposed upon existing use districts.

PARKING SPACE UNIT (RESIDENTIAL) -- An off-street space available for the parking of one motor vehicle and having an area of not less than 162 square feet (9 feet by 18 feet), exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street, highway or alley.

PLANNED DEVELOPMENT DISTRICT (PDD) -- A tract of land which is developed as a unit with a grouping of residential, commercial and/or industrial buildings, together with their accessory buildings and all

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appurtenant roadways, parking areas, loading areas, open and/or greenspaces and service building and facilities.

PRIMARY CONSERVATION AREA – Lands to be conserved in a clustered or conservation subdivision including unbuildable areas of wetlands, water bodies, floodplains, and steep slopes.

PUBLIC UTILITY -- A structure or enclosure containing equipment for conversion, switching, storage and modification and transmission of public service commodities such as telephone service, electric power and water, other than telecommunication towers, which are separately defined herein.

QUARRY, SANDPIT or GRAVEL PIT -- A lot or land or part thereof used for the purpose of extracting stone, sand or gravel for sale as a commercial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been obtained. The terms shall not include the stripping and selling of topsoil.

RECREATIONAL FACILITY – A private or public place designed and equipped for the conduct of sports and leisure-time activities. A commercial recreational facility is operated as a business and open to the public for a fee. A private recreational facility is operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

RECREATIONAL STRUCTURE – Any structure having a roof supported by columns or walls and intended for the housing of a recreational facility.

REFUSE DUMP -- A lot or land or part thereof which has as a primary use the disposal by abandonment, dumping, burial, composting, burning, recycling or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

RESIDENTIAL CARE FACILITY - A residence for infirm children, adolescents or adults who require personal care, supervision and services, where compensation and/or reimbursement of costs is paid to an operator pursuant to state and/or federal standards, licensing requirements, or programs funding such services.

RESTAURANT (no drive through) -- Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption on the premises, whether food is served upon order or taken by self-service and where there are no facilities for drive-through service.

RETAIL USE, RETAIL BUSINESS, STORE OR SHOP – Traditional establishments, such as florists, lumber and hardware stores, pharmacies, grocery stores, convenience stores, stationary stores, book stores, video-rental stores, clothing stores, department stores, shoe stores, antique stores, etc., that sell goods or merchandise to the general public for personal or household consumption.

RIDING STABLE or ACADEMY -- An operation that offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

RIGHT-OF-WAY – A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, railroad, electrical transmission lines, oil or gas pipelines, water line, sanitary line, storm sewer line, or other similar uses, and which exists for the purpose of allowing passage over the property of another.

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ROADSIDE STAND – A temporary area and/or facility which is located on a parent farm and used for the roadside sale of agricultural produce. See also Farm Market. [Amended 6-13-2000 by L.L. No. 1-2000]

SEASONAL RESIDENCE – A dwelling which was originally or is currently (i) designed, (ii) situated, or (iii) constructed to be occupied primarily in the summer months, and were not or are not intended to be used by the inhabitants as a primary or permanent residence and where due to lack of heating, water supply, adequate sewage treatment, electricity, cooking facilities, or any other factor relating to the structure or to the land on which it is situated renders it unable to be used every day of the calendar year.

SELF-STORAGE -- A structure containing three or more secured general use storage bays offered for rent to the general public.

SECONDARY CONSERVATION AREA – Lands included in a clustered or conservation subdivision including mature woodlands, upland buffers around wetlands and waterbodies, prime farmland, natural meadows, critical wildlife habitat, and sites of historic, cultural or archaeological significance.

SEQRA -- The State Environmental Quality Review Act (Environmental Conservation Law, Article 8).

SERVICE BUSINESS -- An establishment primarily engaged in rendering services to businesses on a fee or contract basis, such as advertising and mailing, building maintenance, beauty shop, personal care services unemployment service, office equipment rental and leasing, commercial research, development and testing, photo finishing and personal supply services.

SIGN -- Any structure or part thereof attached thereto or painted or represented thereon which shall display or include any letter or word, model, banner, flag, pennant, insignia or device or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag or insignia of any government or government agency.

SIGN, SURFACE AREA OF-- The entire area within a single, contiguous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced sign shall be included as surface area of such sign.

SPECIAL USE. A land use which is deemed permissible within a given zoning district or districts, but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this Local Law.

STEEP SLOPES – All ground areas having a topographical gradient equal to or greater than twenty percent (20%) measured by utilizing two (2) foot contours.

STORAGE -- The holding or safe-keeping of goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods.

STORAGE, BULK -- The accumulation of wholesale quantities of raw or finished materials (solids, liquids and gases) preparatory to use in a manufacturing process or to retail sales, a permanent reserve being maintained. Junk and scrap materials do not qualify for inclusion in this category.

STREET -- A public way which affords a principal means of access to abutting properties.

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STREET LINE -- The dividing line between the street or highway and the abutting real properties.

STRUCTURE -- A combination of materials to form a construction that is safe and stable, the use of which requires location on the ground or attachment to something that has location on the ground, and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards and display signs.

SUBDIVISION -- The division of any parcel of land into two or more lots, with or without streets or highways, including subdivision of a single property previously separated by a road that meets all zoning requirements. Such division shall include re-subdivision of parcels of land for which an approved plat or deed has already been filed in the office of the County Clerk. They shall not be in conflict with any provision or portion of the Comprehensive Plan, the Official Map or Chapter 115, Zoning, or these regulations.

SUBDIVISION, MAJOR—Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision requiring any new street or extension of municipal services. Any minor subdivision re-subdivided into five or more lots within a five-year period becomes a major subdivision.

SUBDIVISION, MINOR—Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or extension of municipal facilities and may include the alteration of lot lines or dimensions of any lots (i.e., lot line adjustment) with no additional lots being created.

TELECOMMUNICATION TOWER -- Any structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communication) for commercial or municipal purposes.

TOPSOIL -- The surface layer of the soil containing more or less organic matter to a depth usually plowed in cultivation.

TOWNHOUSE – A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

USE -- The specific purpose for which land or a building is used or occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

URGENT CARE FACILITY –A commercial structure used for the delivery of ambulatory medical care outside of a hospital emergency department on a walk-in basis without a scheduled appointment.

USE, ACCESSORY -- A use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use of a building.

USE, NONCONFORMING -- The lawful occupancy of a structure or land by a use or activity which was lawful at the time of enactment of this Chapter or its predecessor ordinances and laws or any amendment to this Chapter which does not conform to the regulations of the district or zone in which it is situated.

USE, PRINCIPAL -- The main or primary use of the lot. Except for designated mixed uses and multiple retail uses within a shopping center only one principal use is permitted per lot, all other uses, except special uses and permitted accessory uses, being excluded.

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VARIANCE. A modification of the use and/or area and bulk regulations of this Local Law in an individual case where, due to specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of a reasonable use of the land or structure. Such unnecessary hardship or practical difficulty shall not be construed to include mere inconveniences or a desire to make more money.

VARIANCE, AREA. A variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.

VARIANCE, USE. A variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the district.

VEHICLE SALES AND SERVICE -- An area of land or structure that is used for the retail sale of any motorized vehicles and which may or may not include facilities for lubrication, washing or otherwise servicing vehicles.

WAREHOUSE -- A building or part of a building for storing of goods, wares and merchandise, whether for the owner or for others, and whether it is a public or private warehouse, including self-storage units.

WETLANDS -- Lands or submerged lands commonly referred to as "swamps" or "marshes" which support aquatic or semiaquatic vegetation, plants or brush. Lands designated by the federal government or by DEC as regulated wetlands shall be flagged prior to granting permits for subdivision or development of any kind.

YARD -- That portion of the lot not occupied by buildings.

YARD, FRONT -- That portion of a lot situated between the street line and the front line of the principal building.

YARD, REAR -- That portion of a lot situated between the rear lot line and the rear line of the principal building.

YARD, SIDE -- That portion of a lot situated between the side lot line and the nearest side line of the principal building and extending from the rear line of the front yard to the front line of the rear yard.

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ARTICLE III, Establishment of Districts

§ 115-8. List of districts. A. The Town of Galway is hereby divided into the following types of districts:

AR Agricultural-Residential DistrictC1 Commercial Retail DistrictRC Residential Core DistrictRH Rural Hamlet DistrictL Lake District

B. In addition to the above districts, the following overlay districts are hereby created, to take effect upon Town Board adoption of overlay maps for each district. Any overlay maps adopted or modified under this Chapter shall be adopted or modified by zoning amendment pursuant to the procedures specified in Article IX 115-79 and §265 of the Town Law. The overlay districts impose requirements that supplement those in the underlying districts listed in §115-8 above and do not supersede the provisions of those districts, except insofar as the overlay districts may impose more restrictive requirements. The overlay districts include:

1. Natural Resource Protection Overlay (NRPO).

2. Agricultural Overlay (AO).

3. Reserved.

§115-9. District Purposes

A. Agricultural-Residential District (AR): Areas of the town designated under this district are characterized by working landscapes and low density residential development. Traditionally, these areas have been places where resource-based economic activities have flourished. Rural areas typically have less demand for public services, and outside of the hamlets and village, agriculture and forestry have been the primary uses. With its remaining agricultural businesses, undeveloped lands, and woodlands, this portion of the community stands in contrast to the more developed areas of the town. Its rural character is highly valued by those that live in Galway and it also contributes to the overall quality of life of the town. The purpose of this district is to encourage and allow for a variety of uses, including agriculture, forestry, and low-density residential development.

B. Residential Core District (RC): Areas of the town designated under this district are, or could be more mature residential neighborhoods in close proximity to the Village of Galway. The purpose of this district is to encourage denser residential development to take place near the village where there are more opportunities for infrastructure development, and to encourage more village-like development for those that desire smaller lots and this lifestyle. Further, the purpose of this district is to encourage development of more village-like character, including tree-lined streets, sidewalks, smaller lot sizes, interconnected street patterns, and a location near some small-scale services.

C. Rural Hamlet District (RH): Areas of the town designated under these districts are typically original settlement areas along major corridors and at crossroads, and contain residences in closer proximity to each other. The purpose of this district is to encourage more residential development and allow for small neighborhood oriented businesses. The purpose of this district is also to recognize existing areas in the town which exhibit a mix of commercial and/or moderately dense residential uses and to permit only such uses as are necessary for those basic retail needs and services in relatively close proximity to places of residence.

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D. Commercial Retail District (C1): The purpose of the commercial district in Galway is to accommodate existing commercial activities while providing for future controlled growth. Such growth shall be in areas where commercial land uses can be sufficiently developed to meet the needs of the town. This district is intended to accommodate any future need for retail and service facilities, while at the same time preserving the town's unique rural character and quality of life. The districts are specifically designed to discourage the establishment of highway-oriented heavy commercial and industrial activities. It is the intent in establishing these commercial zones to curtail the development of new commercial uses outside of the commercial zones.

E. Lake District (L): The Lake District encompasses approximately 775 tax parcels along the shoreline of Galway Lake. Within the Lake District, ten distinct “groves” of residential development are found. Most of the roads within the district are quite narrow, private, and accommodate access to the lake front, camps and homes. The district is characterized by seasonal residences interspersed with year round residential dwellings. The purpose of this district is to maintain limited scale, residential development along with limited recreational access to Galway Lake. New commercial uses are prohibited within the Lake District.

F. Natural Resource Protection Overlay (NRPO): The purpose of this overlay district is to promote the health, safety and general welfare of the Town and to protect and maintain the ecological functioning of important environmental features of Galway including steep slopes, wetlands, streams, ridgelines, and floodplains.

H. Agricultural Overlay (AO): The purpose of this overlay district is to promote agriculture.

§ 115-10. Delineation of Overlay Districts.

A. The boundaries of the Natural Resource Protection Overlay is established herein as delineated on the most current edition of the Town of Galway Zoning Map and shall include all lands included on the Federal Insurance Administration Flood Hazard Boundary Map, all lands having a slope in excess of 20%, federal and state identified wetlands, streams, and ridgelines.

B. The boundaries of the Agricultural Overlay is established herein as delineated on the most current edition of the Town of Galway Zoning Map and shall include all lands included in a certified New York State Agricultural District.

C. Where the designation on the Zoning Map or Overlay Map indicates a boundary following ecological or natural lines, such natural feature shall be construed to be the boundary. If the location of the boundary in relation to a particular parcel is uncertain, the Zoning Board of Appeals shall so determine the boundary at the request of the Code Enforcement Officer or the Planning Board. The burden of proof shall be upon the owner(s) of the land in question or their official designee to demonstrate to the Zoning Board of Appeals that the boundaries differ from those that are indicated on the zoning map. At the request of the applicant or landowner, the Town may engage a professional hydrogeologist, geologist, engineer, soil scientist, or other similar professional to determine more accurately the district in question and the Town shall charge the owner(s) for all or part of the cost of the investigation.

§ 115-11. Zoning Maps.

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Said districts are bounded as shown on maps (Appendixes 1 and 2), each entitled "Zoning Map of Town of Galway," and are hereby adopted and certified by the Town Board, which accompanied and which, with all explanatory matter thereon and therewith, are hereby made a part of this chapter.

§ 115-12. Interpretation of boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on

the Zoning Maps, the following rules shall apply:

A. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.

B. Where district boundaries are so indicated that they are approximately parallel to the center lines of streets or highways, street lines or highway right-of-way lines, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Maps. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Maps.

C. Where a district boundary line, as appearing on the Zoning Maps, divides a lot or land is single ownership as existing at the time of this enactment, the use authorized on and the district requirements applying to the less-restricted portion of the property shall be construed as extending into the remaining portion of the property beyond the district boundary lines for a distance not exceeding 100 feet.

D. After application of the above rules, if uncertainty exists as to location of district boundaries, the Zoning Board of Appeals shall so determine at the request of the Code Enforcement Officer or the Planning Board.

ARTICLE IV, General Regulations

§ 115-13. Schedules of regulations. To facilitate public understanding of this chapter and for the better administration thereof, the basic

regulations controlling the use of buildings and land and arrangement of buildings are set forth in the annexed schedules (Appendixes 3a, 3b and 4) for each of the districts established by Article III of this chapter. Such schedules are hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter.

§ 115-14. Application of regulations. Except as hereinafter provided:

A. Those uses not permitted and not listed in the Use Schedule are prohibited, unless otherwise approved by the Town Board as part of a PDD.

B. No building or land shall hereinafter be changed in use and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.

C. No building shall hereinafter be erected, moved or altered:

1. To occupy a greater percentage of lot area; or

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2. To have narrower or smaller rear yards, front yards or side yards than is specified herein for the district in which such building located, unless such lot is created as a clustered or conservation subdivision.

D. No part of a yard or other open space required for any structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another structure, except as allowed in Section 115-241during a clustered or conservation subdivision.

E. Lots and structures and residences erected or installed on such lots must be owned by the same person except in the Lake District on those properties under long-term lease. Each lot must be separately deeded and identified before construction begins.

F. No lot shall be created or reduced in area so that any required area or open space will be less than prescribed in the regulations for the district in which said lot is located. These provisions shall not apply when a portion of a lot is taken for a public purpose.

G. Nothing contained herein shall prohibit the use of a lot of less than the prescribed area, width or depth, when such lot is owned individually or separately from any adjoining tract at the time of enactment of this Local Law, provided that all other provisions of this Local Law are met.

§115-15. Exceptions

A. Height exceptions. The height limitations of this Chapter shall not apply to telecommunication structures or antennas, church spires, belfries, cupolas, sirens and loud speakers for emergency purposes, chimneys, water tanks, silos, bulkheads and similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and may be required to be screened by the Planning Board.

B. Lot Depth. The required depth may be decreased at any point provided that the average lot depth conforms to the minimum required.

1. The Planning Board may reduce this requirement if, in its judgment, a reduction will result in more open space being preserved or if such lot design enhances rural character or environmental health.

2. Lot depth may be varied when a cluster or conservation subdivision design is required or proposed.

C. Required Yards.

1. Required yards may be varied when a cluster or conservation subdivision design is required or proposed.

D. Corner Lots

1. Required Front Yards. On a corner lot, each street frontage shall be deemed a front street line, and the required yard along each such lot line shall be the required front yard. The required side yard and the required rear yard shall be determined by the orientation of the main structure.

2. Obstruction at Street Intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three (3) feet in height

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shall be erected on any lot within the triangle formed by the intersection street lines or their projections where corners are rounded and a straight line joining said street lines at points which are forty (40) feet distant from their point of intersection measured along the edge of travel lane of said street lines and/or projections.

E. Structures in Required Yards

1. The following accessory structures may be located in any required yard except where such constitute a permanent obstruction in a required front yard in any district:

a. Chimneys and pilasters;b. Open arbor or trellis; c. Unroofed steps, patio or terrace not less than twenty (20) feet from the highway

right-of-way;d. Awning or movable canopy not to exceed ten (10) feet in height; e. Retaining wall, fence or masonry wall, except as limited by this Local Law; f. Overhanging roof not in excess of ten percent (10%) of the required front yard

depth. g. An accessory structure, except as allowed herein, shall not be located within the

minimum front yard setback.

2. The following accessory structures may be located in any side or rear yard, subject to the limitations contained herein:

a. Private in-ground or above-ground swimming pool not less than twenty (20) feet from the side or rear lot line;

b. Energy collection devices not less than twenty (20) feet from the side or rear lot line; and

3. Where two or more main buildings are located on a parcel in single ownership, said buildings shall conform to all the requirements of this Local Law which would normally apply to each building if each were a separate lot.

F. Minimum Lot Frontage

1. See Appendix 3A and 3B for lot frontage requirements.

2. Lot Frontage Exceptions:

a. Cul-de-sac – Exception to the lot frontage requirement will be granted for lots located within a cul-de-sac, where all lots shall have a minimum “Lot Frontage” of fifty feet, as measured along the Right-of-Way of such cul-de-sac.

b. Flag Lots – Exception to lot frontage requirements may be granted for lots designed as “flag lots”, “keyhole lots”, etc., provided that:

1) in the opinion of the Planning Board, the character of the land precludes typical subdivision development, or a unique and desirable lot can be created;

2) the creation of a flag lot is not to circumvent typical subdivision with the internal street development;

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3) the proposed lot is a minimum of 5 Ac.;4) the proposed lot has a minimum “Lot Frontage” of forty (40) feet, as

measured along the right-of-way of the fronting highway, and shall be no less than twenty five (25) feet throughout the entire length leading to the buildable portion of the lot and there shall be 200’ at the building line;

5) the required setbacks can be met when measured from the point where the lot meets the required minimum lot width for that zoning district.

G. Density Calculation Exceptions

Outside of the Natural Resource Overlay District, density shall be calculated based on the gross acreage of the lot. For lots located in part or totally within the Natural Resource Overlay, net density shall be calculated for lots constrained with wetlands, floodplains, steep slopes, open water, or other environmental limitations. Where these limitations exist, the Planning Board may require establishment of a building envelope so that new structures will be located outside of these constrained areas.

Article V Districts, Use and Area Requirements

§115-16. Agricultural-Residential District - AR

A. Minimum lot area, yard, setback and height requirements: See Schedule of Yard, Area and Bulk Requirements, Appendix 3A and 3B.

B. Principal uses: See Schedule of Uses, Appendix 4.

C. Height of Accessory Building. Agricultural use buildings may exceed the height regulations applicable to non-agricultural use buildings.

D. Specific regulations for the district.

1. On corner lots, there shall be provided on the side street a side yard equal in depth to the required front yards on said side street.

2. On corner lots, accessory buildings and off-street parking spaces shall be set back from the side street line a distance equal to the front yard requirements on such side streets.

3. The minimum distance between accessory buildings shall be ten (10) feet, excepting garages.

4. Roadside stands are allowed as an accessory agricultural use to sell primarily locally produced agricultural products. Such stands shall be at least twenty (20) feet from the street or highway right-of-way line.

5. Accessory structures may be placed on the lot prior to establishment of the principal structure only upon receiving a permit from the Zoning Administrator.

6. Maximum Coverage of Structure. The total square footage of all structures on a residential lot shall not exceed one-quarter (0.25) of the maximum lot coverage as set forth in Appendix 3A and 3B.

7. Domestic animals.

a. Area requirements for the keeping of domestic animals are as follows:

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Animal Type Minimum Lot Size Additional AnimalsHorses, mules,

cattle1 per two-acre lot 1 acre per animal

Goats, pigs, sheep 2 per one-acre lot Pro-rated number of animals for each portion of an acre

Rabbits, fowl and 50 per one-acre lot

game birds All other domestic 1 per one-acre lot 1/2 acre per additional

animal

b. Setbacks.

1) Manure storage shall be located a minimum of 100 feet from any property line or a minimum of 200 feet from a property line when up-gradient of existing wells.

2) Buildings for the housing of animals shall have the following minimum setback distances:

[1] Front lot line: 75 feet.[2] Side lot line: 100 feet.[3] Rear lot line: 100 feet.

c. These requirements may be waived upon demonstration of animal keeping practices acceptable to a representative from Cornell Cooperative Extension or the New York State Farm Bureau and the Town of Galway.

E. Design Guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Agriculture-Residential District:

1. Provide for, and encourage 40% to 50% of lots remain as open space or available for agricultural uses by encouraging lot layouts such as clustering or conservation subdivision design.

2. Ensure the provision of adequate water supply, sewage disposal and transportation infrastructure in ways that protect the health, safety and welfare of residents and are consistent with rural character and continuing agricultural activities.

3. Encourage the integration of new subdivisions with the surrounding existing neighborhoods and rural character. The site layout of new development in the countryside should protect roadside views and ensure that home sites blend into the landscape to the greatest extent possible.

4. Retain existing tree rows and hedgerows, stone walls, and similar features in the development of any new use or the expansion of any existing use.

5. The primary means of access to lots in the Agricultural Residential District should be via the existing street corridors other than in PDDs, and conventional, cluster and conservation subdivisions.

6. Any off-street parking or loading areas, accessory use structures or storage other than sheds should be screened from adjacent properties by landscaping or fencing.

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7. New buildings adjacent to significant historic structures should be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, fenestration, and roof shape.

8. New streets should be designed with rural characteristics including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable. It is suggested that names for new roads should be taken from the historical names list available in the Town Clerk’s office. Building envelope placement should minimize placement of new structures in the center of former agricultural fields and should instead, take advantage of hedgerows or other natural features that could be incorporated into the layout.

9. Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities shall be avoided.

10. Streets should be designed to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. Road design should reflect the context and characteristics of the area. The use of narrow roads, similar to existing country routes, is encouraged. In more dense areas, utilize street trees to provide shade and separate the roadway from pedestrians.

11. Minimize the number of curb cuts on existing roads and utilize shared driveways, linked/shared parking where possible.

F. Clustered or Conservation Subdivisions: The Planning Board is authorized to allow or require adherence to the regulations of section 115-24 for all subdivision applications in this zoning district where, in the opinion of the Planning Board during SEQRA review, the purposes of this zoning law can not be met under conventional subdivision methods.

§115-17. Residential Core District - RC



C. Accessory uses. Uses customarily accessory to and subordinate to a principal use.

1. Location. An accessory building shall not be located in a front yard. An accessory building may be located within and/or outside the parameters of the required side yard or rear yard, provided that:

a. Such building or garage shall be set back twenty five feet from any side or rear lot line and, if separated, shall not be located less than 10 feet from the principal building.

b. Pairing. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

2. Height. An accessory building shall not exceed eighteen (18’) feet in height.

3. Maximum Coverage. The total square footage of all structures on a residential lot shall not exceed 30% of the maximum lot coverage as set forth in Appendix 3A and 3B.

D. Design Guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Residential Core District:

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1. The adaptive reuse of structures should be encouraged in such a way so as to complement the character of the existing neighborhood while avoiding the demolition of viable structures.

2. Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.

3. The number of off-street parking spaces required should be the minimum necessary to adequately serve the intended use.

4. The primary means of access to new lots should be via the existing street corridors other than in PDDs or subdivisions.

5. Off-street parking or loading areas, accessory use structures or storage other than sheds may be required to be screened from all walkways, adjoining residences, and streets utilizing appropriate vegetation and/or fencing.

6. Where practicable, new buildings adjacent to significant historic structures should be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, and fenestration and roof shape.

7. New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.

8. Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities shall be avoided to the extent possible.

9. The street system should be an “interconnected pattern” of small blocks in a grid or modified grid system to diffuse traffic, and shorten walking distances. Block lengths should generally be between 200 and 600 feet in length and include “stub streets” for future growth as needed. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings.

10. Design motor vehicle travel lanes to minimize conflicts with pedestrians and bicycles - Align intersections for clear visual observation - Avoid long, uninterrupted segments of straight streets. - Incorporate curves into street design to slow traffic Design streets based on the character of the area

11. All development within the Residential Core District should incorporate smart or “low impact development” procedures to reduce the impact of new growth on water quality. Components of these procedures include, but are not limited to:

a. Limit total impervious surface coverage within the RC District (See Appendix 3A and 3B).

b. Retain and incorporate natural site features that promote infiltration of stormwater on a developed site.

c. Use bioretention, pervious surfaces, open space surface water dispersion, soil restoration, and other dispersed facilities to control stormwater as close to the origin as possible

d. The use of traditional conveyance and pond technologies to manage stormwater quality and quantity should only be considered after all other low impact development techniques have been considered and used to the greatest extent possible.

12. In order to be consistent with the scale of buildings in traditional and new hamlets, no

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single building shall have a building footprint exceeding 3,500 square feet.

§115-18. Rural Hamlet District - RH



C. Accessory uses. Uses customarily accessory to and subordinate to a principal use.

1. Location. An accessory building shall not be located in a front yard. An accessory building may be located within and/or outside the parameters of the required side yard or rear yard, provided that:

a. Such building or garage shall be set back ten feet from any rear or side lot line and, if separated, shall not be located less than ten (10) feet from the principal building.

2. Height. An accessory building shall not exceed eighteen (18’) feet in height.

D. Permitted use conditions. All uses permitted in this district are subject to the following conditions:

1. Retail businesses, personal service establishments or restaurants of the drive-in type offering goods or services directly to customers in motor vehicles are not permitted, with the exception of banks.

E. Commercial uses permitted. The following uses are permitted subject to a site plan review and authorization by the Planning Board for a special use permit and are shown in Appendix 4.

F. Design guidelines: The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Rural Hamlet District:

1. Parking in the front yard of a lot located in a Rural Hamlet District is prohibited. Parking of all commercial uses in the hamlet shall be to the side or rear.

2. In order to be consistent with the scale of buildings in traditional and new hamlets, no single building shall have a building footprint exceeding 3,500 square feet.

3. The establishment of a mixed-use, multi-family dwelling may be permitted as a specially permitted use in the Hamlet.

4. New buildings in the Rural Hamlet District should be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

5. Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.

6. Additions to existing buildings should use materials and details complimentary with those incorporated in the parent structure.

7. New buildings should be designed in a manner consistent with the general architectural features of the hamlet in terms of form, materials, and fenestration and roof shape. In general, structures constructed for commercial uses shall be residential

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in appearance.

8. The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.

9. Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities should be avoided to the extent possible.

10. Flashing or intrinsically bright sources of illumination are prohibited.

11. All other parking, lighting, and landscaping requirements for commercial buildings under this Local Law shall be applied in this District.

12. Trademarked architectural styles that identify a specific company by building features are prohibited.

13. Sections 115-17D (9), (10) and (11), related to the Residential Core District, above, apply to hamlet areas as well.

14. Vegetative buffer for non residential uses shall be in accordance with Section 115-42.15. Architectural elevations must be submitted for any proposed structure in either the

C1 or RH Zones in order to ensure compatibility with the surrounding neighborhood structures and to maintain the aesthetic quality of the town.

§115-19. Commercial Retail District – C1

A. Minimum lot area, yard, setback and height requirements.

1. See Schedule of Yard, Area and Bulk Requirements, Appendix 3A and 3B.

2. See Schedule of Uses, Appendix 4.

B. Accessory uses.

1. Location. An accessory building or structure shall not be located in a front yard.

2. Height. An accessory building or structure shall not exceed eighteen (18’) feet in height.

C. Specific regulations for the district.

1. Existing nonconforming businesses not located within the commercial zone will be allowed to operate without undue restrictions. However, the commercial zoning restrictions in the commercial zones will be applied to any approved changes to or growth of existing businesses.

2. Permit and hearing required; exceptions. All uses proposed for a Commercial Retail District (C1), except for a single- and two-family residence, are subject to site plan review procedures (Article VIII, § 115-75) and Planning Board authorization for a special use permit. Such special uses are also subject to the public hearing process required by Article VIII, § 115-76.

3. Commercial uses permitted.

a. All other uses permitted as in Appendix 4.

D. Design guidelines: In addition to the design guidelines established in Section 115-75 (Site Plan Review), the following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Commercial Retail District:

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1. Parking in the front yard of a lot located in a C-1 District is prohibited. Off street parking shall be located at the side or rear of buildings. See also Section 115-40 for parking standards.

2. In order to be consistent with the scale of buildings in traditional and new hamlets, no single building shall have a building footprint exceeding 5,000 square feet. For buildings having a façade larger than 80 feet, the building must be articulated to appear as multiple buildings.

3. The establishment of mixed-use, multi-family dwellings is allowed by a special use permit in the C-1 District.

4. New buildings in the C-1 District should be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

5. The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.

6. Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.

7. Additions to existing buildings should use materials and details complimentary with those incorporated in the parent structure.

8. Where practicable, new buildings should be designed in a manner consistent with the general architectural features of the traditional and rural nature of Galway in terms of form, materials, and fenestration and roof shape.

9. The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.

10. New buildings shall have a peaked roof shape. Dead-flat roofs are generally inconsistent with the traditional character of the Town and should be avoided, except where façade variations and other architectural features can disguise the flatness of the roof.

11. Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities should be avoided to the extent possible.

12. All new streets shall be designed to permit the installation of electric, water, sewer, and gas utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.

13. The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks. Access to main roads shall be limited to two.

14. Where practicable, service alleys for deliveries and utility access should be established along rear property lines.

15. Drive thru facilities (if necessary) shall be located at the side or rear of buildings, out of view from public streets. Landscaping should be used to further reduce the visibility of drive-thru facilities. Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-thru facilities.

16. Cross-easements shall be used to provide shared access to parking whenever possible.

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17. All site lighting must be designed in consideration of the following:

a. Light source (i.e., bulb) should not be visible from any angle

b. All fixtures should be fully shielded to prevent glare to adjacent streets, properties and sky.

c. No lights will produce glare so as to cause illumination beyond the boundaries of the property on which it is located

d. No lighting fixture shall exceed 18 feet in height.

18. Flashing or intrinsically bright sources of illumination are prohibited.

19. Trademarked architecture that identifies a specific company by building design features is prohibited.

20. Architectural elevations must be submitted for any proposed structure in either the C1 or RH Zones in order to ensure compatibility with the surrounding neighborhood structures and to maintain the aesthetic quality of the town.

E. To minimize potential conflict between residences and future businesses, residences will be required to undergo site plan review to ensure adequate screening and buffering.

§115-20. Lake District - LA. Boundaries. All property, public and private, bordering on the shoreline of Galway Lake and

contiguous thereto, as follows, is included in the Lake District: starting at the intersection of Ridge Road and Crooked Street, proceed south on Crooked Street to the Kayaderosseras Allotment line between Allotments XVI and XIV. Thence easterly along the Allotment line to property listed on tax sheet 198.06. Thence following the southerly line of tax sheet 198.06 easterly and southerly, including property on the tax sheets 198.10 and 198.11. Including tax parcel 198-1-1923 proceed along its southerly and easterly lines to tax parcel 198-1-68. Including tax parcel 198-1-1968 proceed along its southerly, easterly and northerly boundaries to property on tax sheet 198.11. Thence northerly along the east lines of tax sheets 198.11 and 198.07 to the northeast corner of Ruback's Grove, projecting the line northerly through tax parcel 185-3-4 to a point of intersection with the south line of tax parcel 185-3-1965. Thence along the southerly boundary of tax parcels 185-3-(65, 8, 9, 34, 20 and 21) to Lake Road. Following Lake Road north to the sharp bend and west to tax parcel 185-15-1952. Thence north along the east line of lot 185-15-1952 to its northeast corner. Thence westerly along the back line of properties fronting Lake Road to the property shown on tax sheet 185.15. Thence westerly and northerly, including all property on tax sheets 185.15 and 185.14 and property on tax sheet 185.10 lying south of Hermance Road to Hermance Road. Thence westerly on Hermance Road to Ridge Road and westerly on Ridge Road to the point of beginning.

B. Minimum lot area, yard, setback and height requirements: See Schedule of Yard, Area and Bulk Requirements, Appendix 3A and 3B.

C. Principal uses: See Schedule of Uses, Appendix 4.

D. Accessory uses.

1. Height. An accessory structure shall not exceed eighteen (18’) feet in height and 150 sq. ft, in area.

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E. Specific regulations for the district. 1. All new buildings, as well as, improvements, modifications or alterations to existing

buildings, will conform to New York State Uniform Fire Prevention and Building Code and the provisions of Article IV of this Chapter. The term “building accessory” as defined in Article II hereof, is further limited within the Lake District to a supplemental building of no more than 150 square feet, the use of which is incidental to that of the principal building and located on the same lot.

2. There shall not be more than one such structure per lot excluding garages.3. Buildings located within the Lake District are limited to two levels and will not

exceed 28 feet in height, measured from mean elevation.4. See Schedule of Uses.5. All new or replacement Onsite Wastewater Treatment Systems (OWTS) require a

Work Permit and must be designed and certified by a licensed professional engineer to meet standards established by the State Departments of Health and Environmental Conservation. This requirement also extends to OWTS that are being modified, if the modification includes a new subsurface treatment system; moving the drain field or extending the drain field to a location not previously approved. In addition, a licensed professional engineer must oversee the installation of all replacement, modified or alternative OWTS.

6. All OWTS must be inspected by a licensed professional engineer when: the property on which the OWTS resides is sold; The dwelling is replaced or being converted from a seasonal to a year-round residence; there are indications that the OWTS has failed and poses a potential threat to the health, safety or general welfare of Galway Lake property owners; there are modifications to the supported dwelling, such as adding bedrooms, that could increase the demand on the OWTS; the dwelling floor space is increased by at least 30% or the OWTS is being modified, (unless the modification is limited to the replacement of “like” components). The engineer will submit a written report of inspection findings to the Code Enforcement Officer within 30 days of the inspection. The report will address whether the OWTS complies with applicable State and local design standards; if the OWTS and its components are presently in satisfactory condition and functioning properly and, where applicable, if the OWTS can properly treat the proposed increase in wastewater generation.

7. All OWTS which are not in compliance with applicable State and local code and/or found to constitute a danger to the health, safety or general welfare of property owners or Galway Lake, must be upgraded to comply with applicable State standards or the use thereof will be terminated. A licensed professional engineer is required to design and oversee the installation of all replacement or modified systems Evidence of noxious effluents entering the lake by direct channel or through water drainage systems shall be cause for immediate injunctive action against the casual source by the Code Enforcement Officer.

8. When the size constraints of the lot, proximity to the lake or soil characteristics preclude OWTS compliance, an alternative OWTS (i.e. Holding Tanks) may be used, provided that the alternative OWTS is designed and certified by a licensed professional engineer. The engineer certification must stipulate that the alternative system will not adversely impact the health, safety or general welfare of property owners or the lake. Dwellings using this option cannot be increased in size or occupancy capacity in the future.

F. In conformance with the standards established by the State Departments of Health and Environmental Conservation, the use of holding tanks shall not be permitted for new home construction except where the occupancy of a home is permitted while the OWTS is under

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construction. Also, holding tanks may be used at existing homes where an OWTS is under repair or modification. Tank size shall be based upon five days design flow or 1,000 gallons, whichever is greater and meet the same construction as a septic tank except that the holding tank shall not have an outlet. Holding tanks are not acceptable for long term use on year-round residences.

§115-21. Natural Resource Protection Overlay - NRPO

A. Use of Clustered or Conservation Subdivisions.

The Planning Board is authorized to allow or require adherence to the regulations of this section for all subdivision applications over 10 acres and over 3 lots in residential zoning districts where, in the opinion of the Planning Board during SEQRA review, the purposes of this zoning law can not be met under conventional subdivision methods. The Planning Board is authorized to offer an incentive density bonus for this purpose.

The use of a clustered or conservation subdivision plan maybe required when the parcel contains, in whole or in part, one or more of the following:

1. State and/or federal freshwater wetlands occupy 25% or more of the site.2. Slopes of greater than 20% occupy 25% or more of the site.3. The site contains a Flood Plain or Flood hazard area as mapped by the Federal

Emergency Management Agency’s Flood Insurance Maps.4. The site contains a Critical Environmental Area designated as per SEQRA.5. The site contains an identified scenic view or scenic vistas.

B. Layout Standards. In addition to any standards that may be required for a clustered or conservation subdivision, there shall also be:

1. A 100’ buffer established from all non-protected streams to keep development away from stream banks,

2. No disturbance or development on slopes >20%,3. 100’ buffer established around all New York State and Federal wetlands,4. Screening of all development on ridgelines as follows:

a. All structures shall be sited away from ridgetops and ridgelines. Whenever possible, structures shall be sited at lower elevations.

b. Structures shall blend in with natural surroundings.c. Exterior lighting shall be controlled in height and intensity and screening or

shielding of luminaries may be required by the Planning Board.d. The Planning Board may require the applicant to preserve existing vegetation or

provide new plantings of native vegetation to screen structures. Existing vegetation shall be preserved to the maximum extent possible.

5. An impervious lot coverage of < 20%,6. Permanently preserved open space equal to 50% of the parcel when a clustered or

conservation subdivision is required (See Section 115-24).

C. The Planning Board is authorized to identify and establish a building envelope on any approved plat in a subdivision to ensure that all development is moved away from the above identified natural resource.

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D. Density Calculation. The number of allowable residential units shall be determined by subtracting all lands within the parcel containing NYSDEC and Federal US Army Corps of Engineers regulated wetlands (exclusive of buffer), lands within any designated 100 year Flood Plain area, and steep slope areas of greater than 20%.

E. All buildable lots shall be placed outside of the critical environmental areas including wetlands, floodplains, and steep slopes greater than 20%.

§115-22. Agricultural Overlay - AO

A. The Town of Galway supports the use of land for agricultural purposes, and through the Town Comprehensive Plan and this Local Law has attempted to provide, to the fullest extent allowed by law, for the protection of agricultural uses and lands suitable for agricultural production. The Town supports the continued operation of active farm operations and authorizes the Planning Board to approve non-agricultural land development subject to such conditions as may be required to assure the long-term viability of active farm operations and agricultural activities by limiting the potential for conflict between established farms and agricultural uses and newly established non-agricultural land uses. The Town supports sound agricultural practices necessary for the on-farm production, preparation and marketing of agricultural commodities and supports the farm protection policies set forth in §308 of the Agriculture and Markets Law.

B. Buffering of Existing Farms from New Uses. New residential development located adjacent to existing farmlands or active farm structures including, but not limited to barns and silo’s, shall provide for its own buffer and/or landscaping for screening when necessary. The width of buffer shall be determined based on topography and proposed site layout but shall not be less than 50’.

C. Density. The density of residential uses shall be calculated as per Appendix 3A and 3B.

D. All subdivisions within the AO district shall be platted to preserve the maximum amount of prime and statewide important farmland soils for continued agricultural use. During subdivision review and insofar as practicable, building envelopes shall be identified and located in a manner to protect the maximum amount of prime and statewide important farmland soils as follows:

1. On the least fertile soils for agricultural uses and in a manner which permits access to active agricultural land.

2. Within any woodland contained within the parcel, or along the far edges of open fields adjacent to any woodland, to reduce impact on agricultural operations and to enable new construction to be visually absorbed by natural landscape features.

3. In locations least likely to block or interrupt scenic vistas as seen from public roadways.

E. All major subdivisions shall be required to utilize either a clustered or conservation subdivision design where structures are placed on buildable lots located to preserve at least 50% of the parcel as preserved open space for agriculture. The protected farmland so designated shall be depicted on the subdivision plat and labeled so that it indicates that such land may not be further subdivided and is reserved for agricultural purposes.

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E. All subdivisions within the AO district shall be eligible for an incentive density bonus when lands containing prime or statewide important farmlands and active agricultural uses are permanently preserved for agriculture as per §115-23. In authorizing the incentive density bonus the Planning Board shall ensure that the benefit to the Town is permanent, and may require such easements, surety or other performance guarantees that the Board, in its sole discretion, deems necessary. Before authorizing an incentive adjustment the Planning Board shall make a determination, in writing, that the additional unit density would not have a significant adverse environmental impact.

Article VI Supplemental Regulations

§115-23. Incentive Zoning

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

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

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

D. Applicability. The incentives set forth herein shall be applicable only to land parcels zoned for residential uses in the AO district, and where active agricultural uses are taking place and for which an application for approval of a major subdivision pursuant to the Town of Galway Subdivision Law.

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

1. Open Space for Conservation or Agriculture

a. This incentive may be applied to any major subdivision in the AO District. The calculation of the Incentive is based on the maximum density for a major subdivision as determined by the Planning Board.

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(i) For the permanent preservation of not less than fifty percent (50%) of the gross land area of a proposed major subdivision a twenty percent (20%) increase to the maximum unit density for the zoning district may be approved.

b. In addition to the incentive adjustment in (i), above, the Planning Board may authorize an additional incentive adjustment for the dedication of land for public use as follows. In no event shall the total adjustments exceed fifty percent (50%) of the base maximum density for the major subdivision as determined by the Planning Board.

(i) For the dedication of not less than ten (10) contiguous acres of land for public use for trails or active or passive recreation a fifteen percent (15%) increase to the maximum unit density for the zoning district may be approved. Such dedication shall be by permanent easement.

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

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

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

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

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

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

§115-24 Clustered and Conservation SubdivisionsA. Purpose. A conservation subdivision accomplishes the purposes above by reducing the

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

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

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

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

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

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

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

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

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

B. Applicability, Uses and Density

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

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

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

a. Land contained within public rights-of-way; andb. Land contained within the rights-of-way of any existing or proposed streets; andc. All areas occupied by public utility easements; andd. All floodplains, wetlands, slopes of 20% or greater, and water bodies.

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

C. Cluster and Conservation subdivision design process

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

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

a. Slopes: slopes of twenty (20) percent or greater.

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

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

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

e. Critical Environmental Areas. Lands within or contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Environmental Conservation Law, if any.

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

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

h. Scenic Viewsheds and Special Features: sites bordering or in known scenic locations identified in the Town’s Comprehensive Plan.

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

j. Trails: existing and potential trails, bikeways, and pedestrian routes of Town, State or County significance.

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

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

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

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

o. Any ridge lines on the property shall be identified.

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

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

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

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

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

a. Preliminary Plan. The submission requirements for a Preliminary Plan include the requirements for Sketch Plans listed above and the submission requirements of the Subdivision Regulations, and the Existing Resources and Site Analysis Plan. The Planning Board shall review the Plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall generally be prepared at the scale of 1"=100' or 1"=200', whichever would fit best on a single standard size sheet (24" x 36").

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

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

b. Step 2: Location of House Sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the Existing Resources and Site Analysis Plan. House sites should generally be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the positive benefits of such locations to provide attractive views and visual settings for residences.

c. Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be

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minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 20%. Existing and future street connections are encouraged to eliminate the number of new cul-de-sacs to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Cul-de-sacs are appropriate only when they support greater open space conservation or provide extensive pedestrian linkages.

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

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

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

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

2. Minimum street frontage: 40 feet

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

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

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

G. Open space standards:

1. The required open space land consists of a combination of Primary Conservation

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

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

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

4. Open space land should generally remain undivided. No individual parcel of common open space shall be less than one (1) acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection.

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

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

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

H. Evaluation Criteria

1. House lots shall not encroach upon Primary Conservation Areas and their layout shall respect Secondary Conservation Areas.

2. Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Zoning Law and Subdivision Regulations.

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

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

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

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

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

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

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

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

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

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

h. Provides open space that is reasonably contiguous.

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

I. Streets and driveways.

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

2. Cluster/conservation subdivision streets shall meet the Town Street Specifications. Any private roads may not be deeded to the Town unless the roads are constructed or

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improved in full accordance with the Town road specifications at the sole cost of the subdivider or the Home Owners Association. The Home Owners Association shall also be responsible for maintenance of private roads not accepted by the town.

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

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

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

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

7. Landscapes common areas and both sides of new streets with native species of shade trees.

J. Permanent protection of open space.

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

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

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

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

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

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

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

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maintenance of the open space.

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

3. Open space land may be held in any form of ownership that protects its conservation values such as where the open space is owned in common by a homeowner’s association (HOA). Open space may also be dedicated to the Town, County or State governments, transferred to a non-profit organization, or held in private ownership. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land.

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

b. The open space restrictions must be in perpetuity.

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

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

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

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

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

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

i. The association shall have adequate resources to administer, maintain, and

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operate such common facilities.

K. Maintenance Standards.

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

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

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

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

§ 115-25. Driveway interface construction; permit and Rural Road Standards.A. A driveway entering on county, town or state roads must obtain a permit and adhere, at a

minimum, to the following requirements for construction of ditch crossings and/or interface transitions between the property line and road right-of-way:

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

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

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

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

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

6. Commercial driveways shall be a minimum of 22 feet wide (12 feet for one-way) maximum of 50 feet wide for a single combined entrance and exit or a maximum of

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

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

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

9. The highway shoulder slope must not be altered.

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

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

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

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

D. (See: Subdivision of Land - Chapter 100, Article IV - To be included with a revised Subdivision Regulations)

§ 115-26. Private sewage disposal; standards; inspection.A. An adequate sanitary disposal system designed and certified by a professional engineer shall

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

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

Table 1SEPARATION DISTANCES FROM WASTEWATER SYSTEM COMPONENTS

System Component Well or To Stream, Lake, Dwelling Property Suction Line Watercourse (b), or wetland Line

House Sewer 25’ cast iron 25’ 10’ 10’50’ otherwise

Septic Tank 50’ 50’ 10’ 10’

Effluent Line to 50’ 50’ 10’ 10’ distribution Box

Distribution Box 100’ 100’ 20’ 10’

Absorption Field 100’ (a) 100’ 20’ 10’

Seepage Pit 150’ (a) 100’ 20’ 10’

Dry Well (roof & footing) 50’ 25’ 20’ 10’

Raised or Mound System 100’ (a) 100’ 20’ 10’

Evapotranspiration- 100’ (a) 50’ 20’ 10’ Absorption System

Composter 50’ 50’ 20’ 10’

NOTES: (a) When sewage treatment systems are located on coarse gravel or upgrade and in the path of drainage to a well, the closest part of the treatment system shall be 200 ft from the well.

(b) Mean high water mark.

(c) For all systems involving the placement of fill material, separation distances are measured from the toe of slope of the fill.

C. Before a certificate of occupancy shall be issued for newly constructed structures, the Zoning Administrator or authorized representative shall be given notice by the builder of any such septic system, as set forth herein for inspection, prior to the covering of such septic system

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with earth so as to be invisible. For new construction, the well shall also be uncovered for inspection by the Zoning Administrative Office.

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

§ 115-27. Alteration and/or repair of private sewage system. Alteration and/or repair of a sewage disposal system shall be performed only after inspection and

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

§ 115-28. Landfills; waste disposal.A. No sanitary landfill or refuse collection or disposal area shall be permitted in the Town of

Galway except landfills operated by and for the Town of Galway.B. The depositing or disposal of waste, refuse and any other materials shall be governed by New

York State Solid Waste Regulations.

§ 115-29. Public utilities. Nothing in this chapter shall restrict the construction or use of underground or overhead distribution

facilities of public utilities operating under the laws of the State of New York. Other facilities of public utilities shall conform to the provisions of this chapter.

§ 115-30. Permanent signs.A. For the purpose of this section, a "sign" shall be defined as any device designed to inform or

attract the attention of persons not on the premises on which the sign is located.

B. General regulations.

1. Only signs conforming to the following requirements will be permitted in any district of the town:

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

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

c. Signs may be subject to site plan approval by the Planning Board as part of site plan review if signage is part of an application for use requiring Planning Board approval. Otherwise, the Code Enforcement Officer will have the authority to

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issue permits for signs. All business signs shall be compatible within the context of its environment and with the rural and small town character of Galway. In making such a determination during the review process, the issuing authority (Code Enforcement Officer or Planning Board) shall consider but not be limited to the following elements:

1) Size, bulk, and mass.

2) Texture and materials.

3) Colors.

4) Lighting and illumination.

5) Orientation and elevation.

6) Location.

7) Proximity to streets.

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

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

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

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

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

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

a. Public service signs; promotional and directional signs.

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

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

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

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

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

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

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

i. Political signs not to exceed 60 days.

C. Standards.

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

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

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

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

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

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

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

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

D. Only signs conforming to the following requirements will be permitted in any district of the town:1. Signs will be limited to announcement, professional, sale or service signs pertaining

to Town of Galway activities only.2. All signs shall be erected and constructed in a fashion as not to obstruct traffic, be

visually obtrusive, nor detract from the value of property adjacent to that property upon which said sign is erected.

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

a. Size, bulk and mass.b. Texture and materials.c. Colors.

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d. Lighting and illumination.e. Orientation and elevation.f. Location.g. Proximity to streets.h. Design, including size and character of lettering, logos and related content.

E. Signs in the “AR”, “RC”, “RH” and “L” districts:

1. One on-premises sign, either freestanding or attached, in connection with any residential building per permitted professional office or home occupation, not exceeding two square feet in area and set back at least 10 feet from the highway right-of-way. Such sign shall state name and vocation only. No freestanding sign shall exceed 5 feet in height above the finished grade.

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

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

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

5. Portable signs shall not be permitted.

F. Signs in the C-1 and C-2 Districts

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

1. In the C2 Zone, one sign that identifies the permitted business or office use is permitted. Such sign shall be flush to and connected with the building and shall not exceed 10 square feet in size. One freestanding sign shall be permitted for each principal business or office use, and such sign may be used to identify any or all business uses in such structure. A freestanding business sign of not more than 10 square feet in size shall not stand any higher than six feet from the ground to the highest point on the sign. One awning adhered to the building and advertising the principal use of the building shall also be allowed.

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

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

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

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

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

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

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

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

H. Portable signs.

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

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

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

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

5. No sign shall be allowed which causes a traffic, health or safety hazard or creates a nuisance due to its placement, display or manner of construction. No sign shall be located so as to obstruct views of traffic. No moving signs, flashing signs or attractors shall be permitted. [Amended 6-13-2000 by L.L. No. 1-2000]

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

I. Prohibitions.

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

2. No sign shall contain any moving parts.

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

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

J. Sign removal.

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

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

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

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

§ 115-31. Temporary signs.A. The following types of signs are allowed in all zones and shall not be subject to permitting by

the Town of Galway:

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

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

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

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

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

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

§ 115-32. Occupational signs.A. Occupational signs are allowed announcing the names and addresses of occupants of the

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

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

§ 115-33. Junkyards and Junk Cars.A. Existing nonconforming junkyards must be operated in accordance with state, federal and

town laws. Junk cars are permitted only in existing, legal junkyards in the Town of Galway. Additional junkyard facilities are prohibited.

B. Junk Cars

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

§ 115-34. Nonconforming uses.A. The lawful use of any building or land or sign existing at the time of this chapter and

subsequent amendments may be continued, although such does not conform to the provisions for the district in which it is situated.

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

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

b. All other requirements in Appendix 3B for that district are complied with.

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

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

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

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

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

4. Abandonment. When a nonconforming use has been abandoned, it shall not hereafter be reestablished. When a nonconforming use has been vacated, not used or occupied, or discontinued for a period of one (1) year, it shall be presumed to have been abandoned. Under extraordinary circumstances, this criterion may be waived by the ZBA.

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

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

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

b. A nonconforming use may be changed to another nonconforming use of a higher or more-restrictive class of use. Once so changed, it shall not be permitted to revert to a less-restrictive class of use. A change in use is subject to issuance of a special permit by the Planning Board based on a demonstration that the change in use meets the special permit review standards of Article VIII, § 115-75.

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

8. All lawfully existing nonconforming use businesses have been registered with the Zoning Administrator. Violations of this section will be dealt with as outlined in 115-63.

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§ 115-35. Garage sale display of items. No household, garage, porch or yard items for sale may be stored in the open or continually displayed

for more than four (4) days per month within any district or where the same may be construed by the Zoning Administration to be a menace to the public health or safety or may be held to have a detrimental influence upon adjacent properties or upon the neighborhood at large. This prohibition should not be construed to ban household, garage, porch or yard sales themselves.

§ 115-36. Telecommunication towers. A. Purpose. The purpose of these supplemental regulations is to promote the health, safety and

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

B. Application of special use permit regulations.1. No telecommunication tower, except those approved prior to the effective date of this

section, shall be used unless in conformity with these regulations. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunication tower unless in conformity with these regulations.

2. The regulations shall apply to all property within the following zones: Agricultural/Residential and C-1 Commercial (see Appendices 3-4). Telecommunication towers shall be specifically excluded from all other zones.

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

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

1. An applicant shall provide the Planning Board with the following:

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

b. A completed short form environmental assessment (EAF) and a completed Visual EAF Addendum.

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

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

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indicated according to Subsection C (1) are significant, it may require further review according to Subsections I through T below.

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

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

a. A completed application for a special use permit;b. Documentation of intent from the owner of the existing facility to allow shared

use;c. A site plan. The site plan shall show all existing and proposed structures and

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

d. A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any will be required in order to certify to the above;e. A completed short environmental assessment form (EAF) and a completed visual EAF addendum; and

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

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

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

F. Shared usage of existing tower site for placement of new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D

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above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of Subsections G through S below.

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

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

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

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

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

I. Special use permit and site plan review; submission requirements.

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

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

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

1. Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area

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required shall be leased as a single parcel unless the Board determines that this provision may be waived.

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

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

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

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

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

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

L. New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:1. Any new tower shall be designed to accommodate future shared use by other

telecommunications providers.2. Unless specifically required by other regulations, a tower shall have a finish (either

painted or unpainted) that minimizes its degree of visual impact.3. The maximum height of any new tower shall not exceed that which shall permit

operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.

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

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

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

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

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

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

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

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

R. Removal. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 115-68.

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

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

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

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

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

V. Telecommunication towers over 100 feet in height, including towers existing on the effective date hereof, shall be inspected annually by a professional engineer, or at any other time upon a determination of the town's Code Enforcement Officer that the telecommunication tower

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may have sustained structural damage, and a copy of the inspection report submitted to the Town.

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

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

§ 115-37. Requirements for mobile homes; permit. The Zoning Administrator shall issue a building permit or certificate of occupancy for the residential

use of a mobile home in the Agricultural-Residential District if the prospective use of such mobile home is in conformance with the following regulations:

A. A building permit may be granted to the owner of a farm located in a New York State Agricultural District allowing the placement of not more than two (2) mobile homes to be occupied only by full-time farm workers and their families employed by the owner provided that the home has its own separate septic system and water supply.

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

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

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

2. Turns at intersections shall be made at the intersection center.3. In the case of a mobile home and the property there under which fronts upon two (2)

separate highways or roads, the fronting highway or road for the purpose of the above-stated measurement will be that highway or road which the residents of the mobile home have direct access to. If access is provided to both such highway or roads, the fronting highway or road, for the purpose of measurement, will be that highway or road which is the closest in measurement to the mobile home.

D. Tie-down design and installation must conform to the manufacturers specification or be approved by a licensed professional engineer at the applicants' expense.

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

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§ 115-38. Regulations for all residences. In order to comply with the New York State Uniform Fire Prevention and Building Code (UFP&BC)

requirements and particularly to ensure that inspections for fire safety can be adequately performed in the case of conventionally constructed homes and to ensure that the latest in fire safety technology is incorporated in manufactured homes:

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

B. Manufactured homes of any type installed in the town must carry affixed the appropriate manufacturers certification as required in federal and state standards and all later amendments for building construction and fire safety.

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

§ 115-39. Excavations and earth removal; permits.A. There may be permitted in the Agricultural-Residential District only on the issuance of a

special use permit as provided for in this chapter the excavation, removal and sale of topsoil, sand, gravel, clay, shale or other natural mineral deposits, subject to the following conditions:1. The slope of material in any excavation or pit shall not exceed the normal limited

angle of repose of such material.2. The plane of such angle of repose or a slope of one (1) on two (2), whichever is

flatter, shall not come nearer than one hundred (100) feet to any property line or street.

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

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

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

1. Ingress and egress to the mine on town or private roads;2. Routing of trucks through the Town;3. Dust control and hours of operation;4. Setbacks from property lines;5. Visual impacts, screening including vegetative cutting and lighting;6. Off-site vibrations;7. Water quality;

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8. Off-site noise.

§ 115-40. Off-street parking requirements. For the uses listed in the table entitled "Off-Street Parking Schedule," parking shall be provided as

required and subject to the following rules and requirements:

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

B. When parking spaces are required on the basis of the number of employees or staff, the maximum number present at any one (1) time (greater than a thirty-minute period) shall govern.

C. In general, off-street parking shall be provided on the same lot or tax parcel as the principal use. The required off-street parking may be provided on a separate lot or tax parcel that is within three hundred (300) feet of the parcel with the principal use, provided that the two (2) lots are under the same ownership and there are covenants which tie the two (2) lots together. The Planning Board also encourages use of shared parking lots having cross-easements between them.

D. Each off-street parking space shall be nine by eighteen (9 x 18) feet and shall be serviced by an aisle no less than twenty-four (24) feet wide.

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

Number of Handicapped-Total Parking Spaces Accessiblein Lot or Garage Parking Spaces

1 to 25 126 to 50 251 to 75 376 to 100 4101 to 150 5201 to 300 6301 to 400 7401 to 500 9501 to 1,000 2% of totalOver 1,000 20, plus 1 for each

100 over 1,000

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

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

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

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

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

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

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

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

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

Suggested Off-Street Parking Schedule

Minimum Space Sug-gested Subject toPlanning Board

Type Review

Churches 1 per 10 seats

Tourist home 1 per guest room

Boardinghouse 1 per guest room

Community building 1 per 400 square feet of floor area

Nursery schools 1 per employee and 1 for every 3 students

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Mobile home 2 per mobile home lot

Multifamily dwelling 2 per unit

Public utility 1 per 2 employees, plus 1 per company vehicle

Private membership club 1 per 4 seats

Hospitals 1 per 2 beds, plus 1 per 2 employees/shift

Parks and playgrounds 1 per 4 persons facility is designed to accommodateat maximum capacity

Private schools 1 per employee and 1 for every 3 students

Recreational facilities 1 per 1,000 square feet

Recreational structures 5 per 1,000 square feet

Retail businesses 1 per 300 square feet of sales floor area and 1 per 2 employees

Personal service 1 per 200 square feet of gross floor area

Professional office 1 per 300 square feet of floor space

Bank 1 per 200 square feet of gross floor area, plus 1 per 2 employees

Restaurant 1 per 4 seats, plus 1 per 2 employees

Funeral home 1 per 400 square feet of floor area, plus 1 per company vehicle

Antique shop 1 per 300 square feet of sales floor, plus 1 per 2 employees

Kennel/animal hospital 1 per 2 employees, plus 2 per 300 square feet of floor area

Hotel/motel 1 per bedroom, plus 1 per 2 employees

Vehicle sales and service 1 per 200 square feet of sales floor area, plus 1 per 600 square feet of service floor area, plus 1 per company vehicle

Wood/fuel/feed storage 1 per employee, plus 1 per company vehicle

Bar 1 per 4 seats, plus 1 per 2 employees

Car wash 1 per bay, plus 1 per 2 employees

Indoor recreation 1 per 5 seats

Building material supply 1 per 200 square feet of sales floor area, plus 1 per company vehicle

Light industry 1 per 2 employees, plus 1 per company vehicle

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Self-storage 1 per 2 employees

§ 115-41. Off-street loading requirements. Off-street loading spaces shall be provided as required by the Planning Board and subject to the

following guidelines:

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

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

C. Each required off-street loading area shall have the following minimum dimensions:(1) Width equal to 12 feet.(2) Length equal to 55 feet.(3) Height equal to 14 feet.

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

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

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

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

§ 115-42. Vegetative screen; parking buffer.A. Parking shall not normally be allowed in front of any principal building having a

nonresidential use in the RH District.

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

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

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

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

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

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

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

§ 115-43. Purpose of Planned Development District. The purpose of the planned development district (PDD) classification is to support creation of multi-

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

§ 115-44. Objectives of Planned Development District. In order to carry out the intent of this article, a planned development district shall strive to achieve the

following objectives:

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

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

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

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

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

§ 115-45. Standards for Planned Development Districts.A. The standards for planned development districts are to provide the Planning Board with a

means to evaluate applications for the districts consistent with the provisions and general intent of the Zoning Ordinance and Comprehensive Plan of the town. The Town Board may modify these standards based on a review of written justification for such modification provided by the applicant.

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

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

2. Area, yard, coverage and supplementary regulations.

a. District area minimum: 10 acres.b. District width minimum: 300 feet.c. District depth minimum: 500 feet.d. Densities.

Maximum NumberDescription of Units/Net Acre

One-family dwelling 2(detached)

Two-family dwelling 2

One-family dwelling 4(attached) (townhouse)

Multifamily dwelling 4

Nonresidential 40,000 square feet of land for each 10,000 square feet of building

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

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

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

h. Maximum height of structures: 35 feet.i. Off-street parking and loading spaces: See § 115-40j. Greenspace. An area in addition to required lot area, equal to not less than a

minimum of 10% of the gross development area, shall be developed and maintained as common open space. Such common open space shall be developed for active recreation (with facilities); or sitting areas (with facilities); or bicycle,

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walking or horse trails (marked by developed paths); or undeveloped wooded areas (cleared of underbrush); or any other uses found appropriate by the Planning Board or Town Board. Infrastructure such as roads, sidewalks and parking areas is not considered open space.

k. Signs and displays: See § 115-30 through 115-32.l. Landscaping. Adequate landscaping shall be provided to reduce the visual impact

of off-street parking areas and to provide a logical transition between the PDD and surrounding uses and shall follow all parking standards of 115-40.

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


2. Area, yard, coverage and supplementary regulations.

a. District area minimum: five acres.b. District width minimum: 350 feet.c. District depth minimum: 300 feet.d. Front yard minimum: 80 feet.e. Rear yard minimum: 60 feet or 200 feet when abutting residential uses or district.f. Side yard minimum: 30 feet each side or 200 feet abutting residential uses or

districts. No side yard is required for commercial buildings with separating firewall.

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

h. Maximum height of structure: 35 feet.i. Off-street parking and loading spaces: See § 115-40.j. Signs and displays: See § 115-30.k. Landscaping: Adequate landscaping and screening shall be provided to reduce

the visual impact of off-street parking areas and to provide a logical transition between the PDD and surrounding uses.

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

1. Density. Because land is used more efficiently in a planned development district, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity or dwelling unit density

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shall be thoroughly documented, including all facts, opinions and judgments justifying the selection; at a minimum the following.

2. Area, yard, coverage and supplementary regulations.a. District area minimum: 10 acres.b. Lot area minimum: three acres.c. Lot width minimum: 300 feet.d. Lot depth minimum: 200 feet.e. Front yard minimum: 80 feet.f. Rear yard minimum: 60 feet or 200 feet when abutting residential uses or district.g. Side yard minimum: 60 feet on each side or 200 feet when abutting residential

uses or districts. No side yard is required for industrial buildings with separating firewall.

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

i. Maximum height of structures: 35 feet.j. Off-street parking and loading spaces: See § 115-40.k. Signs and displays: See § 115-30.

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


2. Area, yard, coverage.

a. District area minimum: 10 acres.b. Minimum frontage: 300 feet.c. Minimum front yard: 75 feet.d. Minimum rear yard: 100 feet.e. Minimum side yard: 100 feet.f. Maximum coverage: 40%.g. Maximum height: 35 feet.h. Off-street parking, etc.: See § 115-40.i. Signs and displays: See § 115-30.j. Landscaping: Adequate landscaping shall be provided to reduce the visual impact

of off-street parking areas and to provide a logical transition between the PDD and surrounding uses.

§ 115-46. Planned Development District Procedure.A. Prior to making any formal submission, the applicant shall arrange to meet with the Planning

Board for a pre-application conference [See § 115-76A and B (1 through 4) of this chapter] in order that the nature of this proposal and the application procedure can be discussed.

B. Application.

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

2. The application will contain the following information:

a. Completed application form.b. Completed EAF Part 1.c. Legal description of the property to be developed.d. Sketch plans drawn at a scale of not less than one inch equals 100 feet showing:

1) General topographical and subsoil conditions, nearby historic and/or public areas, existing natural features and identifying adjacent properties and their ownership.2) Proposed buildings, lot lines, land use areas, tree lines, natural features to be preserved, proposed traffic circulation (vehicular and pedestrian), ingress and egress, including identification of existing public roads to be utilized, approximate parking and loading areas, accommodations for emergency vehicles.3) Existing structures, existing utilities and deeded rights-of-way.4) Proposed landscaping and greenspace plan.5) Schematic of typical structures proposed.6) Proposed utilities (public or private), including electric, water supply, sewer and stormwater drainage facilities to be constructed (below grade utility corridors preferred).7) Proposed construction sequence for buildings, recreation areas and greenspace.8) Proposed PDD name and proposed street names (see list of recommended street names).

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

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

g. Project narrative description for the project which establishes the need for the project and addresses the impact on the community, the existing roads, the adjacent properties and the school district. The narrative should also include

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other appropriate elements, such as ownership and maintenance of the land, utilities and roadways within the project.

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

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

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

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

§ 115-47. Adult Uses

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

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

1. Adult uses and adult business uses are permitted only in the C-1 District.

2. Adult uses and adult business uses shall not be located within a five-hundred (500) foot radius of any Rural Hamlet District, Residential Core District, or any property used for residential purposes. For measurement purposes, the distance between an adult use and any residential zoning district and property used for residential purposes shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.

3. Adult uses and adult business uses shall not be located within a one-thousand-foot (1000) radius of another adult use. For measurement purposes, the distance between adult uses shall be measured in a straight line, without regard to intervening

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structures or objects, from the closest structural wall of any adult use to the closest structural wall of any other adult use.

4. Adult uses and adult business uses shall not be located within a one-thousand (1,000) foot radius of any school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility. For measurement purposes, the distance between an adult use and other such named uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the closest property boundary of such school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility.

5. Not more than one (1) adult use or adult business uses shall be located in the same building or upon the same lot or parcel of land.

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

7. Adult uses shall be on a minimum parcel size of 3 acres.

§ 115-48. Bed and BreakfastA. Bed and Breakfasts shall be owner-occupied and their Certificate of Occupancy shall so

stipulate, and shall not contain more than 6 bedroom units for rent in addition to a dwelling unit.

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

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

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

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

F. A single exterior sign or display may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed six (6) square feet in area. No freestanding sign shall be located less than fifteen (15) feet from the front property line or less than five (5) feet from the side property line. Further, said sign or display shall be as unobtrusive as reasonably possible and may be illuminated by no more than two (2) seventy-five-watt light bulbs which shall be shielded so as to prevent glare, etc.

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

H. During Site Plan Review, the Planning Board shall consider the (1) Adequacy and arrangement of vehicle traffic access and circulation, (2)Location, arrangement, appearance and sufficiency of off-street parking, (3) Location, arrangement, size and design of lighting and signs, (4) Relationship and compatibility of proposed use (bed-and-breakfast) to uses of adjacent parcels in the immediate vicinity, together with their scale, (5) Adequacy, type and arrangement of trees, shrubs, fences and other landscaping or improvement constituting a visual or noise-deterring buffer between the site and adjacent or adjoining uses.

§ 115-49. Home OccupationsA. It is the intent of this section to ensure the compatibility of home occupations with other uses,

maintain and preserve the character of the neighborhood, ensure peace, quiet and domestic tranquility within residential areas, and allow residents to engage in gainful employment in their homes while avoiding excessive noise, traffic, nuisance, fire hazard and other possible adverse effects of commercial uses.

B. General Standards for All Home Occupations, except Low Impact Home Occupations:

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

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

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

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

5. Any signs used in conjunction with a home occupation shall meet the requirements of Section 115-30 of this local law.

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

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

8. Minor and major home occupations will require special use permit approval from the Planning Board. The Planning Board, on issuing a special use permit must find that

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the proposed home occupation meets the criteria and standards in this section as well as generally applicable Special Permit standards in Section VI of this local law. A special use permit issued in accordance with this section shall be issued only to the applicant and shall not be transferred to another person.

C. Specific Requirements for Major and Minor Home Occupations1. Home occupation - Major. The following standards are applicable to Major Home

Occupations: An individual may, with special use permit and site plan approval from the Planning Board, conduct their business, trade or profession in their home or residence provided that no more than three other persons are employed in addition to the owner or tenant of the property.

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

b. Signage for the Home Occupation shall conform to the requirements for signs as set forth in this Chapter.

c. Parking required for the Home Occupation shall be determined by the Planning Board.

d. Delivery and pick-up of material or commodities to and from the premises by a commercial vehicle shall not exceed three (3) trips per week and the parking of delivery vehicles shall not impede or restrict the movement of traffic on adjacent streets.

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

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

b. Signage for the Home Occupation shall conform to the requirements for signs as set forth in this Chapter.

c. Parking required for the Home Occupation shall be determined by the Planning Board.

d. Delivery and pick-up of material or commodities to and from the premises by a commercial vehicle shall not exceed three (3) trips per week and the parking of delivery vehicles shall not impede or restrict the movement of traffic on adjacent streets.

3. Home Occupation – Low Impact: Low impact home occupations are permitted by right and are exempt from site plan review and special use permit requirements. A low impact home occupation does not attract or encourage customers or clients to the premises; is conducted solely by members of the same family occupying the dwelling unit as their full time residence; has no exterior display, exterior storage of materials or other exterior evidence of any home occupation; has no signage advertising the

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existence of the home occupation; and requires no exterior alteration, addition or change to the structure that would require a building permit in order to accommodate such use within the structure or an accessory structure on the same lot.

§ 115-50. Swimming Pools

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

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

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

§115-51. FencesA. Newly constructed fences and walls shall not exceed eight (8) feet in height where erected in

side or rear yards nor three (3) feet in height when erected within twenty-five (25) feet of the front lot line or highway right-of-way, except wire fencing (cyclone, barbed, American) which may be five (5) feet. In no case shall fences or walls impair vision for safe ingress and egress from that or adjoining properties. Fences shall be constructed of suitable material compatible with adjacent areas.

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

§ 115-52. Accessory Apartments

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

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

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

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

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

4. The floor area devoted to the apartment shall be less than 40% of the entire floor area of the one-family dwelling or 1000 square feet, whichever is less;

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

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

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

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

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

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

§ 115-53. Historic Preservation

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

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

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

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

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

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

3. Visual compatibility with surrounding historic resources.

§ 115-54. Reserved.§ 115-55. Reserved. § 115-56. Reserved.§ 115-57. Reserved.

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ARTICLE VII, Administration and Enforcement

§ 115-58. Interpretation; application. In interpretation and application, the provisions of this chapter shall be held to be minimum

requirements adopted for the promotion of the public health, safety, general welfare and other purposes enumerated in the enactment clause of this chapter. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing easements, covenants or other agreements between parties or any existing provisions of law.

§ 115-59. Appointment of Code Enforcement Officer. The Town Board shall appoint a Code Enforcement Officer who shall be charged with the general

administration and the enforcement of the Town of Galway Zoning Law and the executive administration of the New York State Uniform Fire Prevention and Building Code. The Town Board shall fix the term of office, the salary or remuneration of such office and shall provide for the payment thereof. The Town Board may also appoint a Deputy Code Enforcement Officer who shall be similarly empowered to act during the absence or at the direction of the Code Enforcement Officer.

§ 115-60. Powers and duties of Code Enforcement Officer. In relation to this Zoning Law, it shall be the Code Enforcement Officer’s duty to:

A. Issue building permits and certificates of occupancy where compliance is made with the provisions of this chapter and to refuse to issue or revoke the same in the event of noncompliance, giving prompt written notice of such refusal or the revocation of any permit and the reason therefore to the owner or occupant of the premises.

B. Keep the Zoning Board of Appeals and Planning Board advised of all matters, other than routine duties, pertaining to the enforcement of this chapter and to keep all records necessary and appropriate to his office and to file them in the office of the Town Clerk, including records of all permits and certificates of occupancy issued or withheld.

C. Refer appropriate matters to the Zoning Board of Appeals or the Planning Board for actions required by those Boards.

D. Submit a report each month to the Town Board, Planning Board, Zoning Board of Appeals and Assessors enumerating the applications received, exceptions made and the action taken.

E. Initiate stop-work orders and/or appropriate legal action on behalf of the town to achieve enforcement of the Town of Galway Zoning Law’s Chapter 100, Subdivision of Land, and the Uniform Fire Prevention and Building Code and may act as prosecutor on behalf of the Town on a case by case basis upon advice of the Town Attorney.

F. Maintain a list of all nonconforming users and notify all nonconforming users immediately when changes to this chapter or other laws change or impact on nonconforming status and to advise all new nonconforming users created by changes in the law.

G. Review all building permit applications for new construction or substantial improvements in designated flood hazard areas. If a proposed building site is in a flood hazard area, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must be designed (or modified) and anchored to prevent flotation, collapse or lateral

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movement of the structure; use construction materials and utility equipment that are resistant to flood damage; and use construction methods and practices that will minimize flood damage; and require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

H. Refer all building permit applicants for permit activities impacting designated wetlands to the Region 5 Department of Environmental Conservation (DEC) office for preapproval. No permits impacting on a designated wetland will be issued until cleared by the Department of Environmental Conservation.

I. Issue appearance tickets on local town courts for violations of this chapter and the Uniform Fire Prevention and Building Code.

§ 115-61. Code Enforcement Officer Referral Application for building permits.A. All building permits will be issued through the office of the Code Enforcement Officer.

Applications for all construction outlined in § 115-45A above will be filed with the Code Enforcement Officer and from that point will follow one of three tracks:

1. First and least complex, for those permitted uses listed in Appendix 4, a building permit may be issued directly by the Code Enforcement Officer.

2. For those uses requiring a site plan approval or special use permit will refer the application to the Planning Board for a special use permit authorization (see Article VIII, § 115-75). The Planning Board as a result of a project analysis may establish certain conditions which must be met or financially secured to protect the town before the project can be issued a permit by the Code Enforcement Officer.

3. Lastly, for proposed uses not listed in any of the appendices or listed but proposed "out of zone," both a use variance (see Article VIII, § 115-72) and a special use permit will be required for approval. In those cases, the Code Enforcement Officer shall forward the application first to the Zoning Board of Appeals for processing as a use variance.

B. The Zoning Board of Appeals will evaluate the proposal and determine if the project meets the criteria for issuing a use variance. If the Zoning Board of Appeals grants the variance, the proposal will then undergo a site plan review and special permit approval processes by the Planning Board (Article VIII, § 115-67), which may or may not impose conditions for design and construction. Following the site plan review and appropriate authorization by the Planning Board, a building permit will be issued by the Code Enforcement Officer subject to conditions imposed.

C. There shall be submitted initially with all applications for building permits two copies of a layout or plot plan showing the actual dimensions of the lot to be built upon, the actual size and location on the lot of the building and accessory buildings to be erected, the general driveway location and such other information as may be necessary to determine and provide for the enforcement of this chapter. Additional copies may be required if the project requires a site plan review.

D. One copy of a final layout or plot plan shall be returned to the applicant when approved by the Code Enforcement Officer, together with a building permit, upon payment of a fee as set by the Town Board.

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§ 115-62 Permits for buildings not on approved streets.A. No permit for the erection of any building (except in the Lake District on existing private

roads) shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Town Map or Plan or, if there is no Official Map or Plan, such street or highway is:

1. An existing state, county or town highway;2. A street shown upon a plat approved by the Planning Board and released for

building; or 3. A designated rear lot as specified in this local law.

§ 115-63. Violations

A. Notice of Violation. A notice of violation of any provision of this Local Law, or any rule or regulation adopted pursuant thereto, shall inform the recipient:

1. The nature and specific details of such violation;2. Recommended remedial action which, if taken, will effect compliance with the

provisions of this Local Law and with rules and regulations adopted pursuant thereto;3. The date of compliance by which the violation must be remedied or removed; and4. The recipient’s right to a hearing before the Code Enforcement Officer, as provided

below.

B. Right to Hearing. Any person served with such notice of violation and who denies the existence of the violation or is allegedly aggrieved by the required action necessary for compliance may, within ten (10) days of service of notice, requires in writing a hearing before the Code Enforcement Officer, specifically noting the reasons why such hearing is requested.

1. Within ten (10) days after receipt of such request for a hearing, the Code Enforcement Officer shall acknowledge receipt in writing and set a time and place for such hearing not later than thirty (30) days after the date such request was received. Such hearing may be postponed beyond the thirty (30) day limit for just cause, with notice of such postponement served. At such hearing, the person requesting the hearing shall be required to show cause or give evidence why he should not be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.

2. After consideration of all testimony given at such hearing, the Code Enforcement Officer shall either sustain, withdraw, or modify the notice of violation as originally served. If the notice is sustained or modified, the Code Enforcement Officer shall set a new compliance date either consistent with the original notice of violation or extended as appropriate. Such extension shall only be permitted if there exists both reasonable evidence of intent to comply and reasonable conditions which prevent compliance by the previously specified date.

C. Penalties

1. Civil Penalty. Violation of any provision or requirement of the Local Law of violation of any statement, plan, application, permit or certificate approved Under the provisions of this Local Law shall be considered an offense punishable by a fine of not more than two hundred fifty dollars ($250), and/or imprisonment for not more than six (6) months for each such offense. The owner, general agent or contractor of

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a building premises, or part thereof, where such a violation has been committed or does exist, and any agent, contractor, architect, Builder Corporation or other person who commits, takes part or assists in such violations, shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Town; each and every day that any such violation continues after notification that such violation exists, shall constitute a separate offense. Such notice shall be given in writing by the Code Enforcement Officer and shall be served by registered mail or personal service.

2. Court Action. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain by injunction, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.

3. Taxpayer Action. If the Code Enforcement Officer fails or refuses to act upon or refer a violation of this Local Law to the Town Attorney for legal action in accordance with the provisions contained herein within a ten (10) calendar day period following written request by any taxpayer to so proceed, then any three (3)or more taxpayers of the Town of Galway, who are jointly or severally aggrieved by such violation, may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Local Law.

§ 115-64. Engineering, Legal and Consulting Fees

A. Escrow. In connection with any application for a special permit, site plan approval, subdivision approval, zoning amendment, other local law change, planned development district, use variance, area variance, interpretation, or other land use application or appeal, the reviewing board may, in addition to the requirements of SEQRA and inspections, require an applicant to deposit an initial sum of money into a non-interest bearing escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Town for professional review of the particular type of application before it. For the purpose of this section, professional review services shall be defined as, but not limited to, those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals.

B. Said escrow shall be used to pay the reasonable and necessary costs of a proper and thorough professional review of the application. The review expenses provided for herein are in addition to application or administrative fees required pursuant to other provisions of this Chapter and the Town Code. Money deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses. The review and escrow requirements governed by this section shall include environmental review pursuant to SEQRA.

C. In the event that the previously established escrow fees are insufficient to pay for the necessary charges, then the Board before whom the applicant is appearing shall require additional payments to be made to the escrow fund, and until such payment is made by the applicant the Board shall not place said application on the agenda or review said application.

D. In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy shall be withheld or suspended by the reviewing board, officer or employee of the Town until such monies are deposited. There will be no conditional approvals given on the basis of future payments to be made. Payment in full must be made prior to the granting of preliminary and final approval.

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E. Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Town have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.

F. Exceptions. This section shall not apply to area variance applications for single-family residential uses.

H. The Supervisor is empowered to delegate to the Planning Board Secretary, the Zoning Board of Appeals Secretary and the bookkeeper the functions of having custody of escrow account records.

§ 115- 65 through 69 Reserved

§ 115-70. Creation of Zoning Board of Appeals; appointment.

A. A Zoning Board of Appeals, consistent with the provisions of the Town Law applicable thereto, is hereby established. The Zoning Board of Appeals shall consist of five members to be appointed by the Town Board. The Chairman will be designated by the Town Board. Each such member shall have been a resident of the Town of Galway for the period of one year prior to the effective date of appointment. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs. Member appointments shall be staggered and for a period of five years, except that three successive absences from regular or special meetings or four meetings total in a calendar year may be considered cause for removal by the Town Board. The Town Board will appoint a Clerk to the Zoning Board of Appeals who will report to the Chairman for duties involving the Zoning Board of Appeals. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. The Town Board shall have the power to remove any member of the Board for cause and after public hearing. The Board of Appeals shall designate its secretary and may prescribe rules in addition to those provided herein for the conduct of its affairs as follows:

1. The day and time by which applications for new matters, and supplemental materials for pending matters, must be submitted to the Secretary of the Zoning Board of Appeals in order to be considered at the next meeting of the Board.

2. The number of copies of materials that must be submitted for new and pending matters.

3. The maximum number of applications that may be heard at a regular meeting of the Board.

4. The form of the applications for variance and interpretation requests including the use of a Long Form or a Short Form Environmental Assessment Form (see 6 NYCRR 617.2(20) of the State Environmental Quality Review Act regulations) for certain matters.

5. The maximum length of time of a regular meeting of the Board.

6. The conduct of applicants and the public at meetings and public hearings of the Board.

§ 115-71. Powers and duties of Zoning Board of Appeals. The Zoning Board of Appeals shall have all the power and duties which are prescribed by town and state laws and by this specific chapter of the Town of Galway. The specific duties and powers are as follows:

A. Interpretation. On appeal from an order, requirement, decision, or determination made by an administrative official, or on request by an official, board, or agency of the Town, the Zoning Board of Appeals shall have the power to decide any question involving the interpretation of any provisions

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of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto upon appeal from a decision by an administrative official.

B. Variances. The Zoning Board of Appeals is also authorized upon appeal in specific cases, such variances from the terms of this Local Law as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are unnecessary hardships or practical difficulties in the way of carrying out of the strict letter of this Local Law subject to terms and conditions to be fixed by the Board; provided, however, that no such variance shall be granted unless the Board finds:

1. Use variances. A use variance is one which substantially runs counter to the basic intent of this chapter, such as commercial placement in a residential zone, spacing for density control, prohibited use, etc. In order to qualify for use variance, an applicant must provide evidence for the record 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 the zoning regulations for the particular District where the property is located:

a. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

b. The alleged hardships relative to the property is unique and does not apply to a substantial portion of the district or neighborhood.

c. The requested use variance if granted will not alter the essential character of the neighborhood.

d. The alleged hardship has not been self-created.

2. Area variance. An area variance is one which addresses matters of practical difficulties in meeting the requirements of this chapter, such as side lot distances, frontages, set backs, etc. In making its determination, the Zoning 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 its determination on an application for an area variance, the Zoning Board of Appeals must consider the following:

a. 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.

b. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.

c. Whether the requested area variance is substantial.d. Whether the proposed variance will have an adverse effect or impact on the physical or

environmental conditions in the neighborhood or district.e. Whether the alleged difficulty was self-created, which consideration shall be relevant to

the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of an area variance.

§ 115-72. Zoning Board of Appeals procedure; meetings, notice; hearing.

A. Form. All applications made to the Board of Appeals shall be in writing and on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this Chapter involved and shall, with specificity, set forth the interpretation that is claimed, and/or the specific nature of the variance which is applied for, and the grounds on which it is claimed the interpretation or the variance should be granted. In addition, an application for a use variance must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district

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containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

B. Meetings, Minutes and Records. Meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

C. Filing Requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five (5) business days of the date of vote and decision and shall be a public record.

D. Assistance. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.

E. Jurisdiction. Unless otherwise provided by local law or ordinance, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and in reviewing any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of Chapter 115 of the Town of Galway Code. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.

F. Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that any of the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.

G. Time of Appeal. An appeal shall be taken within sixty (60) days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of such ordinance or local law, by filing with such administrative officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of appeals prior to the date set for hearing on such appeal.

H. Stay Upon Appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with the administrative officer, that by reason of facts stated in the certificate a stay, would, in his or her 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 Zoning Board of Appeals or

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by a court of record on application, on notice to the administrative official from whom the appeal is taken and for due cause shown.

I. Hearing on Appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall cause public notice of said hearing to be published in a paper of general circulation in the Town at least ten (10) days prior to the date thereof. In addition to publication of the notice, notice of the substance of every appeal for an interpretation or variance, together with the notice of hearing thereon, shall be mailed at least ten (10) days before the date of said hearing, not counting the date of the hearing, to the owners of all property abutting that held by the applicant, whether or not involved in such appeal or application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Town. If an application for use variance contains an agricultural data statement, a copy of the written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformity herewith shall not be deemed to invalidate any action taken by the Zoning Board of Appeals.

J. Costs. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.

K. Time of Decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the close of the public hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.

L. Default Denial. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Enforcement Officer within the time allowed by subsection K herein, the appeal shall be deemed as denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to a rehearing process.

M. Filing of Decision and Notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.

N. Notice to Saratoga County Planning Board. At least ten (10) days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Saratoga County Planning Board or agency or regional planning council, as required by section 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in subdivision 1 therein.

O. Compliance with the State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

P. Time Limit. Any area variance or use variance which has been granted by the Zoning Board of Appeals pursuant to this Article shall be void if construction is not started within one year of the date of approval, and completed within two years of the date of such approval. In addition, the variance shall be void if the associated use shall have ceased for more than 12 consecutive months for any reason. Under extraordinary circumstances, these criterions may be waived by the ZBA.

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Q. Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the Code Enforcement Officer for a violation of this Chapter, the Zoning Board of Appeals shall not review, hold public meetings or public hearings, and shall take no action regarding an application for area variance approval, use variance approval, or interpretation until notified by the Code Enforcement Officer that such violation has been cured or ceased by the applicant. However, the Board may, upon written recommendation of the Code Enforcement Officer, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this Chapter.

R. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All applications for variances or interpretations shall be made to the Zoning Board of Appeals.

S. Every appeal or application shall refer to the specific provision of the law involved and shall exactly set forth the interpretation that is claimed, the use for which the special consideration is sought 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.

T. Variances granted must be the minimum variance that will accomplish the purpose for which sought.

U. In granting any such variance, the Zoning Board of Appeals may prescribe any terms or conditions considered necessary or desirable.

V. Reasons for granting or denying variances shall be fully set forth in the written findings supported by documentary evidence for or against.

§ 115-73. Creation of Planning Board; appointment.A. The Town of Galway Planning Board, consistent with the provisions of the Town Law applicable

thereto, is hereby established.B. The Planning Board shall consist of five members appointed by the Town Board. Each such member

shall have been a resident of the Town of Galway for a period of one year prior to the effective date of appointment.

C. The Planning Board shall prescribe rules for the conduct of its affairs. Member appointments shall be staggered for a period of five years, except that three successive absences from regular or special meetings or four meetings in a calendar year may be considered cause for removal by the Town Board. The Town Board shall appoint a Clerk to the Planning Board who will report to the Chairman for duties involving the Planning Board. The Chairman will be designated by the Town Board.

§ 115-74. Powers and duties of Planning Board.A. General duties. While the Zoning Board of Appeals concentrates primarily on interpretation of this

chapter, the granting of variances from this chapter and interpretation of district boundaries, the Planning Board is focused broadly on review and approval of subdivisions and commercial development, recommendation of changes to the Town Comprehensive Plan, changes to streets and roads, town environmental reviews and special permitted uses having a community impact requiring a site plan review. In the latter case, when a use variance for a special permitted use is involved, the Zoning Board of Appeals will first rule on the suitability and acceptability of the proposal. If a use variance is granted subject to site plan review conditions and/or a Type I SEQRA review by the Planning Board, the Planning Board will proceed with the subsequent reviews and advise the Zoning Board of Appeals and those listed in § 115-75 of this Article of the outcome.

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B. Specific duties.1. By authority of the resolutions of the Town Board of the Town of Galway, adopted on the

20th day of February 1973, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Galway is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and to approve preliminary plats with that part of the Town of Galway outside the limits of the incorporate village.

.2 It is declared to be the policy of the Town Board to consider land subdivision plats as part of the plan for orderly, efficient and economical development of the town. This means that the land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Proper provision shall be made for drainage, water supply, sewerage and other needed improvements. All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties. Proposed streets shall compose a convenient system conforming to the Official Map of the town (as it may be adopted) and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings. Proper provision shall be made for open spaces, parks and playgrounds.

3. Additionally, the Planning Board will further perform:a. Site plan reviews and special use permit approvals for certain uses in the town in

accordance with this chapter.b. Environmental quality reviews pursuant to Article 8 of the New York State

Environmental Conservation Law and L.L. Nos. 2-1977 and 2-1983.c. Studies and recommendations to the Town Board for layout, opening, closing off or

abandonment of streets, highways or public areas within the Town of Galway outside the limits of the Village of Galway.

d. Recommendations of changes to the Town of Galway Comprehensive Plan.

4. In addition, the Town of Galway Planning Board shall review subdivision proposals and other proposed new developments, including commercial projects in designated flood zones, to assure that:a. All proposals are consistent with the need to minimize flood damage.b. All public utilities and facilities, such as sewer, gas, electrical and water systems are

located, elevated and constructed as to minimize or eliminate flood damage.c. Adequate drainage is provided so as to reduce exposure to flood hazards.d. Potential impacts on designated wetlands have been reviewed by the New York State

Department of Environmental Conservation.

5. In performing assigned duties, the Planning Board will conform to the provisions of this chapter, as applicable, the Subdivision Regulations for the Town of Galway, New York, including the Subdivision Design and Construction Standards and applicable New York State laws and statutes.

C. Copies of Planning Board minutes and action documents will be forwarded to the Town Clerk, Town Board, Chairpersons of the Zoning Board of Appeals and Assessors and to the Code Enforcement Officer.

§ 115-75. Special Use Permit and Site Plan Review

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Note: Operating Permits as required by Local Law 1 of 2007 Providing for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, Section 10 may be required.

Introduction and Statement of Purpose

A. Purpose. The purpose of this section is to provide regulations governing the standards for review and design, and due process for special use permit approval and site plan approval. These regulations are designed to protect the community from traffic congestion, noise, flooding, excessive soil erosion, excessive noise and odor and other forms of pollution; to provide for design that will be in harmony with the appropriate and orderly development of the district in which it is located; and to ensure that the impact of new development and redevelopment are mitigated by compliance with reasonable conditions. The Town of Galway values the mixed use character of the Town, and wishes to encourage residential and non-residential growth involving reuse of existing structures and development of new structures in a manner that is protective of the rural, historic, scenic, and environmental character of the Town. These regulations are also designed to ensure that land development conforms to the Town's planning goals and objectives as expressed in its Comprehensive Plan.

B. Consistency Requirement. Before approving any use that is subject to special use permit and/or site plan approval, the Planning Board must make a written finding that the proposed use is one that is allowed within the district in accordance with the Schedule of Uses, that it meets the special use permit and site plan approval criteria as specified herein, and that the site layout, site design and architectural appearance will enhance and be protective of the aesthetic, historic and environmental features of the Town. In preparing a plan for development of land the applicant shall give attention to the goals, objectives and the land use policies of the Town in the specific area in which the development is proposed. The Planning Board shall determine whether the site use, site design and architecture proposed by an applicant comply with the land use and environmental protection policies and objectives of the Town of Galway including those expressed in the Town Comprehensive Plan.

C. Applicability. Special Use Permit and/or Site Plan Approval by the Planning Board, in accordance with this section, is required for the following uses and activities:

1. All specially permitted uses and uses accessory thereto as set forth in the Schedule of Uses.

2. All uses and uses accessory thereto which require site plan approval as set forth in the Schedule of Uses.

3. Activities for which a use variance has been approved, site plan approval.

4. A change of use involving a non-conforming use to another non-conforming use or to a conforming use other than a single family residence, site plan approval.

5. Extension, alteration or additions to a non-conforming building, site plan approval.

6. Extension, alteration or additions to a conforming building containing a non-conforming use, site plan approval.

D. Exemptions. Site plan approval is not required for the construction, extension or alteration of a single-family residential dwelling and accessory structures thereto on a lot legally in existence as of the date of adoption of this Chapter, or for construction on a lot approved by the Planning Board for residential purposes pursuant to the Town Subdivision Regulations. In addition, approval under this section is not required for the construction, extension or alteration of principal or accessory structure used for agricultural purposes, provided such agricultural use is legally in existence as of the date of adoption of this Chapter, or is situated on property located within a County Agricultural District.

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Special Use Permit Review and Approval:

A. Reviewing Agency. Pursuant to Town Law section 274-b, subsection 2, the Planning Board is hereby empowered to review and approve special use permit applications as provided in this Chapter.

B. General. All uses allowed subject to special use permit approval are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located provided the Planning Board makes a written finding that the individual case meets the special use permit approval standards of this Chapter.

C. Approval required. Where special use permit and/or site plan approval is required by this Chapter, no Building Permit or Certificate of Occupancy shall be issued by the Code Enforcement Officer until such plan has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no Certificate of Occupancy shall be issued until all of the requirements of this Chapter, and any condition of special use permit approval, have been complied with. All uses allowed by special use permit are subject to the requirements for site plan approval unless site plan approval is waived by the Planning Board as set forth herein. No authorization is granted for a waiver of the special use permit requirements of this Article.

D. Compliance. All applications for any use allowed subject to the issuance of a special use permit shall be accompanied by a sworn statement by the owner of subject property that the proposed use will be constructed and operated in accordance with the standards and qualifications hereinafter set forth. The Planning Board shall not issue a permit to allow any use subject to the special use permit provisions of this Chapter unless said Board first finds that the use, as proposed, shall be in compliance with the standards set forth in this section.

E. Violations. No special use permit or site plan approval shall be issued for any use or construction where there is on the subject property an existing violation of this Chapter. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Code Enforcement Officer, the Planning Board shall not review, hold public meetings or public hearings, and shall take no action regarding an application for special use permit approval until notified by the Code Enforcement Officer that such violation has been cured or ceased by the applicant. However, the Planning Board may, upon written recommendation of the Code Enforcement Officer, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this Chapter.

F. Special Use Performance Standards. In granting any special use permit, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general in the Town, and of the immediate neighborhood in particular. The Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Planning Board shall give specific consideration to the following:

1. Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.

2. Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance which will jeopardize the health of any employee or adjacent resident or property or otherwise adversely affect the operation of any equipment other than that on the premises.

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3. Noise. The maximum noise level at the property line applicable to the use involved shall not exceed 70 dBa as measured in accord with the procedure specified by the American National Standards Institute.

4. Vibration. No vibration shall be permitted which is detectable, other than by instrument, at the property line.

5. Glare. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.

6. Smoke. No emission shall be permitted of a shade equal to or darker than Ringelmann Smoke Chart No. 2.

7. Odors. No emission of odorous gases or other matter shall be permitted in a quantity or of a type that permits it to be detectable, other than by instrument, at the property line.

8. Other forms of air pollution. No emission of fly ash, dust, smoke, vapors, gases or other forms of air pollution shall be permitted which can jeopardize human health, animal or vegetable life or which otherwise contributes to the deterioration of or detracts from adjacent properties. This would include construction related dust and odors.

9. Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.

10. Traffic access. All proposed traffic access ways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations.

11. Parking. Adequate off-street parking and loading spaces shall be provided in accordance with §115-41 to prevent parking in public streets of the vehicles of any persons connected with or visiting the use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute’s Shared Parking report, shall be employed to demonstrate shared parking effects.

12. Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.

13. Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees twelve (12) inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical.

14. Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and of the Town of Galway, and shall not adversely affect the general welfare of the inhabitants of the Town.

15. Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas.

16. Sewage Treatment and Water Supply. The adequacy of available sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs

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of the proposed activity or use. This consideration shall include, but not be limited to, the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater.

17. Emergency Services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.

18. Nuisances. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, fumes, vibration or lighting than would the operations of a permitted use.

19. Size and scale. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.

20. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

21. Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.

G. Measurement of standards. The determination of the existence of any dangerous or objectionable element shall be made at:

1. The point or points at which any fire, explosion, radioactivity, electrical, smoke or other air pollution is most apparent or likely to create a hazard or nuisance; or

2. The property lines of the use creating such elements as noise, vibration, glare or odor.

H. Non-complying uses deemed prohibited. Any use which is unable to meet the performance standards required in this section, as determined by the Planning Board, shall be deemed a prohibited use and a special use permit shall be denied by said Board.

I. Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board. The application must include an Environmental Assessment Form and all necessary documentation to comply with SEQRA. No application shall be deemed complete until a Determination of No Significance has been made, or until a Draft Environmental Impact Statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Prior to submittal of a formal application for special use permit approval, applicants are encouraged to meet with the Code Enforcement Officer to review the proposed application and obtain a clear understanding of the application requirements, and the requirements of the Town Zoning Law. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.

J. Agricultural data statement. An application for a special use permit must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any

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owner of land within the agricultural district which contains farm property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

K. Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required.

L. Procedures. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least ten (10) days prior to the date set for public hearing. In addition, not less than (10) days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. If an application for special use permit approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.

M. Notice to park commission and Saratoga County Planning Board or agency or regional planning council. At least ten (10) days before such hearing, the Planning Board shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal; and to the Saratoga County Planning Board or agency or regional planning council, as required by section 239-m of the General Municipal Law.

N. Time of decision. The Planning Board shall decide upon the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and the General Municipal Law sections 239-l. and 239-m. In rendering its decision the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.

O. Renewals. The Planning Board may require that a special use permit be periodically renewed, provided such condition is directly related to and incidental to the proposed use. In this case, special use permit renewal shall be withheld only upon a determination that the conditions required and described by the Board, in conjunction with issuance of the original special use permit, have not been or are no longer being complied with. In such cases, at least sixty (60) days shall be granted the applicant to bring the use and/or the site into full compliance prior to the revocation of the said permit.

P. Expiration. A special use permit shall be deemed to authorize only the particular special use or uses permitted in any district and shall expire if:

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1. Construction has not been commenced within one year, and has not been completed within two years of the date special use permit approval is granted. If no construction is involved, approval shall expire if the use or uses have not been commenced within one year of the date special use permit approval is granted.

2. The special use or uses shall have ceased for more than 12 consecutive months for any reason. In extraordinary circumstances, these criterions may be waived by the governing board.

Q. Compliance with SEQRA. The Planning Board shall comply with the provisions of the SEQRA under Article 8 of the Environmental Conservation Law and 6 NYCRR 617.

R. Appeals. Any person aggrieved by any decision of the Planning Board hereunder may apply to the Supreme Court for review pursuant to section 274-b of the Town Law.

S. Review and Revocation of Existing Special Use Permits. The Planning Board shall review, and revoke and/or modify any previous issued special use permit if such original permit conditions have been violated.

Site Plan Review and Approval

A. Conceptual Plan Review. A pre-application review is recommended prior to submission of a formal application for site plan approval. The pre-application conference is intended to reduce the review time for Planning Board consideration of proposed site plans by allowing early review of a development plan by the Town building, engineering and planning department staff. An application for conceptual plan review may be submitted to the Building Department for review by the Code Enforcement Officer. Upon receipt of an application for pre-application review, the Code Enforcement Officer shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered. The applicant or the applicant’s representatives shall be present at the meeting to discuss the application. The pre-application review shall be limited to a review of the basic concept of the proposal, and to resolve problems with meeting the requirements of this Chapter which might occur during formal Planning Board consideration. The pre-application review and consultation shall be non-binding. The Code Enforcement Officer shall report to the Planning Board the result or outcome of the meeting, including any disputes between the applicant and the Code Enforcement Officer as to the information required to complete the application and any interpretation of this Chapter. After the pre-application review, nothing herein shall be construed to prevent an applicant from submitting a formal application for site plan review and approval to the Planning Board. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.

B. Formal Site Plan Applications. An application for site plan approval shall be submitted to the Planning Board on forms provided by the Board for such purpose. The application shall be complete and in a form acceptable to the Planning Board and shall be accompanied by a detailed site plan. The site plan shall use as a base map an accurate boundary and topographic survey of the property depicting all existing improvements and grades prepared by a New York State licensed land surveyor. The site plan shall depict all proposed improvements and shall be prepared by a licensed land surveyor, a professional engineer, a landscape architect, or an architect licensed by the State of New York and shall include the following information:

1. A location map, at a convenient scale, showing the applicant’s entire property and all boundaries, easements and streets within 500 feet thereof.

2. The location, size, use and architectural design of all existing buildings and structures.

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3. The location of all property lines and structures within 200 feet of the property boundary, with topography extended 50 feet outward from the site property boundary and 200 feet outward along existing roads.

4. Any proposed division of buildings into units of separate occupancy.

5. Existing topography and proposed grade elevations at a contour interval of not more than two (2) feet, unless waived by the Planning Board, soil types, wetlands and watercourses, one-hundred year floodplains, bedrock outcrops, slopes in excess of ten (10%) percent, and the location of trees with a diameter of 8 inches dbh and greater.

6. The location and capacity or number of all existing and proposed roads, driveways, parking and loading areas, including access and egress drives.

7. The location of outdoor storage areas.

8. The location of fire access roads and fire protection features.

9. The location, description and design of all existing and proposed site improvements, including pavement, walkways, curbing, drains, culverts, retaining walls, fences, parks, open spaces, and recreation areas.

10. The location, design and description of water supply and sewage disposal facilities.

11. The location, design and description of storm water management facilities including proposed grading plan.

12. The location, height, size and design of all signs.

13. The location, height, and specie of landscape plantings on a landscape plan.

14. The location and design of building mounted and freestanding lighting and communication facilities.

15. The location, type and design of all waste and refuse storage and handling facilities.

16. The character and location of all power distribution and transmission lines.

17. The location and description of all subsurface site improvements and facilities.

18. The extent and amount of cut and fill for all disturbed areas, including before and after profiles of typical development areas, parking lots, driveways and roads.

19. Adequate provisions for the handling of storm water run-off, including retention/detention, piping or channeling to existing or proposed drainage systems during and after construction.

20. Phasing of development, if any.

21. A signature block for Planning Board endorsement of approval.

22. The name and address of the owner of the property proposed for development along with the signature of said owner.

23. The name and address of the applicant, if different, along with the signature of said applicant.

24. At the request of the Planning Board, any other pertinent information as may be deemed necessary to determine and provide for the proper enforcement of this Chapter.

C. Application Waiver. In the case of a use conversion which does not require additional construction or site modifications, or in the case of a minor site plan change requiring a Building Permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable and may waive the requirement of a full site plan review and approval, provided the Board determines that the proposed change in use or site plan change would not result in significant additional traffic

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generation, waste water flows, or water consumption, and would not otherwise adversely affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior façade. This determination shall be made to the Code Enforcement Officer, in writing, after decision of the Planning Board.

D. Information Waiver. The Planning Board may grant a waiver from the information requirements contained herein where it finds that such information is not relevant to, or is not otherwise required, to conduct the review of the application.

E. State Environmental Quality Review. No application shall be deemed complete until a Determination of No Significance has been made, or until a Draft Environmental Impact Statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

F. Site Plan Design Criteria. The following criteria are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the historic scenic and visual qualities inherent to the Town of Galway. These criteria, together with the Design Criteria for the district in which the property is located as set forth in this Chapter, shall be considered by the Planning Board during the review of any application requiring site plan approval under this Chapter. The specific application of one or more of these criteria, the district Design Criteria, or any other standard established by this Chapter, to an application pending before the Planning Board shall be determined solely by the Planning Board. The following standards are in addition to any other site plan, special use permit, and subdivision requirements of this Chapter and the Town Subdivision Regulations.

1. Relationship of Structures and Buildings to Site

a. In the site plan design, consideration shall be given to the use of traditional building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties, shall be recognized as an integral element in the review process.

b. The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safety and economy of pedestrian movement, and safe ingress and egress and parking for vehicles.

c. Utilities shall be located underground.

d. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board shall determine the visual compatibility of a proposed use or site plan change including concerns for the proportion of the front façade, proportion and arrangement of windows and other openings within the façade (i.e. fenestration), roof shape, and the rhythm and spacing of structures along the street front or roadway including consideration of setbacks and the treatment of yards.

e. The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.

f. Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.

2. Relationship of Non-Residential Uses to Residential Uses and Districts

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a. Site plans proposed for non-residential uses adjacent to a residential district or a residential property shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the non-residential use does not interfere with the quiet enjoyment of neighboring residential property and districts.

b. In commercial district buildings, parking areas, access aisles, and parking spaces for non-residential uses facing or adjacent to property used for or zoned for residential use shall be set back an additional 100 feet from the minimum yard setback to provide a visual and noise buffer. The 100 foot additional buffer, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to completely screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.

c. The Planning Board shall ensure that the design of each parking area and access driveway provides adequate room for snow storage.

3. Landscape, Buffering and Site Treatment

a. Where possible, natural or existing topographic features and patterns that contribute to the beauty and character of a site or neighborhood shall be preserved.

b. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance and shall be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.

c. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.

d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.

e. Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Vegetation indigenous to the area and others that will be harmonious to the design and exhibit a good appearance shall be used.

f. In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices, shall installed and maintained. The Planning Board may require the use of markers to delineate curbing and other sensitive features to alert snow plow operators of the existence of such features and curbing.

g. Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings. The interior (i.e. non-perimeter) areas of a proposed parking area shall be appropriately landscaped, and such landscaping shall comprise not less than fifteen (15%) percent of the land area of the proposed parking facility.

h. Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these with all such enclosures being compatible in material, texture, and color with the principal building or buildings on the site.

i. Landscaping shall be designed and maintained so as not to create hazardous conditions.

j. Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project. All approvals granted under this section

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are expressly conditioned on the maintenance of the approved landscaping during the life of the proposed use or project.

k. The Board may, at its discretion, consult with one or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses, and the appropriate species, size and number of plants to be installed. The reasonable cost of any landscaping review shall be borne by the applicant.

4. Lighting

a. Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.

b. The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety without glare to adjoining properties, as determined by the Planning Board. Maximum bulb wattage shall not exceed that required for adequate safety and security as determined by the Planning Board.

c. Freestanding lights shall be appropriate to the design of the structures and shall not exceed twenty (20) feet in height. Wall mounted light fixtures shall not be mounted higher than fifteen (15) feet above the ground level immediately below the location of the light fixture. Both freestanding and wall mounted fixtures shall be fitted with movable shields to allow for the re-direction of light to avoid glare and the splaying of light to off-site locations.

d. Illumination at the property line shall not exceed 0.2 foot candles.

e. To assure that site lighting does not adversely affect neighboring properties, the Code Enforcement Officer shall have the authority to require changes to the on-site lighting fixtures to reduce and minimize glare and the splaying of light at the property lines, and to assure continuous compliance with this section. Such changes may include, but are not limited to, lower wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure of the applicant to implement the changes as directed by the Code Enforcement Officer shall be a violation of any permit or approval granted under this section.

5. Building Design

a. Proposed building design shall recognize compatible building forms indigenous to the community and the neighborhood in which the project is located. In particular, building design shall consider the historic character of the Town of Galway. Adaptive re-use of existing structures is strongly encouraged.

b. Materials proposed for new structures and the rehabilitation/redesign of existing structures shall have good architectural character and shall be selected for harmony with traditional building materials. Except when wholly impractical, natural materials shall be used.

c. Building components such as windows, rooflines, doors, eaves, and parapets shall have well designed proportions and relationships to one another and be compatible with the historic character of the Town of Galway and the neighborhood setting of the proposed project.

d. Mechanical equipment such as air conditioners, satellite dishes, or other utility hardware located on roofs, the ground, or buildings shall be screened from public view with

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materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from any public way or lands.

6. Water Supply and Sewage Disposal

a. Projects shall comply with all Health Department standards for water supply and sewage treatment and disposal.

7. Parking and Loading

a. Parking shall not be located within a front, side or rear yard setback. The Planning Board may allow parking spaces within a yard setback line if it finds that such parking will not detract from the aesthetic character of the area and is otherwise consistent with the purposes of this Section.

b. The Planning Board shall determine the dimensional requirements for access and internal driveways for the particular use proposed, and may require larger dimensions for site driveways and access roads than the minimum dimensions for site driveways and access roads stated elsewhere in this Chapter. The Board shall, as much as practicable, locate driveways for non-residential uses so that the centerline of such driveway shall line up with the centerline or a street or driveway opposite the proposed use.

c. Notwithstanding the requirements for off-street loading spaces as specified in §115-41 of this Chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this Chapter.

8. Material and Equipment Storage and Waste Containers

a. Material and equipment other than as shown on an approved site plan shall be stored so as to not be visible from adjoining or nearby properties and public roads. Storage of materials shall be within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or a combination of fencing and landscaping, as determined by the Planning Board. In no case shall the height of stored material exceed the height of such screening. No outdoor storage of material shall be permitted within 100 feet of any residential district or any property used for residential purposes.

b. Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, shall be screened from view and designed so as to be fireproof and/or fire retardant, and to prevent access by rodents, dogs and vermin such as cats. All such enclosures shall remain closed at all times, and shall be designed to prevent blowing of paper and refuse.

9. Ecological Considerations

a. If the site contains wetlands that meet the criteria for classification as federal jurisdictional wetlands the site plan shall include a recent (not more than two years) delineation of the on-site wetlands together with a tabulation of the amount of disturbance, if any, to the on-site wetlands. If the amount of proposed disturbance exceeds the threshold for coverage under the U.S. Army Corps of Engineers (ACOE) Nationwide Permit Program the application shall also include a jurisdictional determination by the ACOE.

b. If the site contains wetlands that are classified as state protected freshwater wetlands the site plan shall include a delineation of the on-site wetland and the wetland buffer, and

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shall include the signature of the New York State Department of Environmental Conservation personnel charged with verifying the extent and location of the wetland boundary.

c. The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.

10. Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. The storm water management design shall include controls for water quantity and water quality as required under the Phase II Storm water program in accordance with the latest State Pollutant Discharge Elimination System permit. All drainage plans shall be reviewed and approved by the Town Engineer.

11. Traffic.

a. All entrance and exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets and shall meet all current design standards of the appropriate State, County or Town authority unless specifically waived or modified by that authority. No entrance or exit shall be located within 75 feet of any street intersection.

b. On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate.

12. Pedestrian Circulation. Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches as determined by the Planning Board.

13. Architectural Review. In addition to the requirements of this section and the Chapter 100, during review of any site plan the Planning Board may, at its discretion, consult with one or more persons or firms having experience in building architecture and design matters as to the appropriate design of building exterior facades, fenestrations, rooflines, lighting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping the Planning Board shall evaluate the compatibility of the proposed development with that found elsewhere in the vicinity of the project. The architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this Chapter, as amended. The reasonable cost of any architectural consultation and review shall be borne by the applicant.

G. Approval Procedure. Except those applications for which the Planning Board has waived site plan review, within 62 days of receipt of a complete application, the Planning Board may hold a public hearing. If the Board determines that a public hearing will be held notice of the public hearing shall be published in the official newspaper at least ten (10) days prior to the date set for public hearing. In addition, not less than (10) days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. If an application for site plan approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the

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owners of land as identified by the applicant in the agricultural data statement. The Planning Board shall comply with the provisions of General Municipal Law 239-l and 239-m, as amended.

H. Time of Decision. Within 62 days of close of the public hearing, or within 62 days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board’s decision shall be filed in the Office of the Town Clerk within five (5) days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations are complied with. Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of approval. Upon verification by the Planning Board that the plan complies with the requirements of the approval, the plan shall be endorsed by the Planning Board Chairperson and property filed with the Planning Board and the Code Enforcement Officer.

I. Site Plan Approval Standards: In rendering its decision concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses such that:

1. They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.

2. They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this Chapter.

3. They will be properly related to the uses, goals and policies for land development as expressed in the Town Comprehensive Plan.

4. Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.

5. New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

6. The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the extent practical, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.

7. The proposed use, buildings and other structures, including outdoor storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to the requirements of this Chapter, the Town Subdivision Regulations and all other Town laws.

J. Time Limit. The site plan approval shall be void if construction is not started within one year of the date of Planning Board approval, and completed within two years of the date of such approval. Prior to its expiration, the site plan approval may be renewed by request of the applicant for up to two (2) additional ninety (90) day periods.

K. Performance Bond or Surety. The applicant may be required to post a performance bond or surety in an amount sufficient to assure that all streets or other public improvements shown on the site plan are suitably graded and paved, and that street signs, sidewalks, street lighting, curbs, gutters, street trees, water mains, sanitary sewers, erosion and sediment control, fire alarm signal devices, including

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associated ducts, pipes, cable and connecting facilities, are installed in accordance with applicable standards, specifications, and procedures acceptable to the Town.

L. Appeals. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review pursuant to §274-a of the Town Law.

§ 115-79. Amendments.A. The Town Board may from time to time on its own motion or in petition or on

recommendation by the Zoning Board of Appeals or Planning Board after public notice and hearing amend, supplement, change, modify or repeal this chapter pursuant to the provisions of applicable Town Law.

B. Every such proposed adjustment shall be referred to the Zoning Board of Appeals and Planning Board for comment at least 30 days before the public hearing thereon.

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