Town of Bolton, NY Article VII Supplementary Regulations

§ 200-37 Shoreline regulations.

A. Purpose. The purpose of these shoreline regulations is to promote and protect the public health, welfare and safety, and to protect economic property values, aesthetic and recreational values, and other natural resource values associated with all lakes, ponds, streams, swamps or wetlands. It is the further purpose of these regulations:

(1) To provide for the protection, preservation, proper maintenance and use of Town watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion; turbidity or siltation; a loss of wildlife and/or vegetation, and from the destruction of the natural habitat thereof.

(2) To provide for the protection of the Town's potable fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement.

B. Regulations. In the case of the shoreline of all lakes, ponds, swamps or wetlands and the shoreline of the Schroon River, the following restrictions shall apply:

(1) Cutting restrictions. In the case of the shoreline of all lakes, ponds, rivers, streams, swamps, or wetlands and the shoreline of the Schroon River, the removal of vegetation, including trees, shall be permitted on shorefront lots, provided that the following standards are met:

(a) Within 35 feet of the mean high water mark, no vegetation may be removed, except that up to a maximum of 30% of the trees in excess of six inches in diameter at 4 1/2 feet above ground elevation existing at any time may be cut over any ten-year period.

[Amended 2-20-1997; 3-6-2001]

(b) Within six feet of the mean high water mark no vegetation may be removed, except up to a maximum of 30% of the shorefront may be cleared of vegetation on any individual lot. This provision shall be adhered to in addition to Subsection A(1) above.

(c) The above cutting standards shall not be deemed to prevent the removal of diseased vegetation or of rotten or damaged trees or other vegetation that presents safety or health hazards.

(2) Shoreline setbacks. The minimum setback on all bodies of water measured from the mean high water mark to all principal buildings and accessory structures in excess of 100 square feet cumulatively, other than docks or boathouses, shall be 50 feet in the GB-5000 and RCH-5000 zones; 75 feet in the RM-1.3, RCM-1.3, RL, RCL and RIL zones, and 100 feet in the LC-25, LC-45, RR-5 and RR-10 zones.

[Amended 2-20-1997; 4-6-2004]

(3) Minimum lot width. The minimum lot width measured along the shoreline for each one-family residential structure shall be 60 feet in the GB and RCH zones; 150 feet in RM-1 and RCM-1 zones; 210 feet in the RL-3, RCL-3 and RIL-3 zones; 250 feet in RR-5 and RR-10, and 400 feet in LC-25 and LC-45 zones.

[Amended 12-7-1999]

(4) Minimum shoreline frontages. The following minimum shoreline frontages shall be required for deeded or contractual access to all such lakes, ponds, rivers or streams for one lot, parcel, or site or multiple-family dwelling unit not having separate and distinct ownership of shore frontage. A total of not less than 125 linear feet of shoreline in the GB, RCH, RM-1 and RCM-1 zones; 175 feet in the RL, RCL and RHS zones; 250 feet in the RR-5 and RR-10; and 400 feet in the LC-25 and LC-45 zones for the first lot and each additional lot will require an additional 10 linear feet of shoreline frontage.

(5) Sewage facilities. Except as otherwise herein provided, in the case of all lakes, ponds, rivers, streams, swamps or wetlands, the minimum setback of any on-site sewage drainage field or seepage pit shall be 100 feet from the mean high water mark, irrespective of the zoning district or land use classification. In the case of Lake George, Trout Lake, Edgecomb Pond and Schroon River, any septic system or sewage facility shall meet the requirements of Section 3.020 of the General Standard of Sanitary Sewage Disposal Ordinance of the Town of Bolton.

(6) There shall be neither removal of vegetation nor any grading within 10 feet from the top of the slope of any stream bed or drainageway.

(7) Nothing herein shall be deemed to preclude the application of appropriate shoreline restrictions to new uses other than one-family residential structures subject to site plan review or otherwise by this chapter.

(8) Within 1/4 mile of the mean high water mark of the Schroon River, in the LC-25, LC-45, RR-10, RR-5, RIL-3 Zoning Districts, an Adirondack Park Agency permit is required for all uses. Also applicable are: a shoreline setback of at least 150 feet, or the shoreline setback of the affected zoning district, whichever is greater; and special vegetative cutting restrictions. An APA permit or determination of non-jurisdiction must be obtained prior to issuance of a site plan review and/or building permit.

[Amended 1-8-2019 by L.L. No. 2-2019]

§ 200-38 Docks and boathouses.

A. Purpose. The following regulations are established to preserve the open, rural character of the Town of Bolton along its shorelines; provide access to adjacent waterfront properties; and provide safe vessel maneuvering around waterfront structures.

B. Boathouse widths. Boathouse shall be limited to an accumulated width dependent upon the width of the lot at the lakeshore. The width shall be parallel to the shoreline or as seen viewed from the lake. In no case shall the accumulated widths of boathouses on one lot exceed the following:

[Amended 2-20-1997; 12-4-2001 by L.L. No. 6-2001]

	Lot Width (feet)	Maximum Cumulative Boathouse Width (feet)
	At least 60 but less than 100	15
	At least 100 but less than 200	30
	200 and greater	45

C. Boathouse height. The height of all boathouses shall not exceed 16 feet all inclusive from mean high water mark.

[Amended 2-20-1997]

D. Setbacks for docks and boathouses. Setbacks for docks and boathouses shall be such that any dock or boathouse shall not be within 20 feet of any property line extended into a body of water or extended perpendicular to a body of water from the point where it touches said body of water at the shoreline at the mean high water mark.

§ 200-39 Tourist accommodations.

A. For tourist accommodation units which are attached to a similar unit by a party wall, units of tourist homes or similar structures, and tourist cabins or similar structures for rent or hire involving an average of less than 300 square feet of floor space each, the minimum land areas necessary shall be one-tenth the minimum lot area required for the zoning district in which the tourist accommodation is to be located, except in the General Business and Residential/Commercial-Hamlet Districts where the minimum lot area for each tourist accommodation unit described above shall be 5,000 square feet for the first unit and 1,500 square feet for each additional unit.

B. The minimum land area for a tourist cabin or similar structure for rent or hire involving more than 300 square feet of floor space as per § 200-16 shall be the minimum lot area in the zoning schedules contained in § 200-15 hereof, for the zoning district in which the cabin or structure is to be located.

C. Adequate off-street parking shall be provided as per § 200-48 of this chapter.

D. Where a motel, hotel or tourist accommodation involves the shoreline of any lake or pond, or any river or stream navigable by boat, including canoe, the following shoreline frontages shall be required per room or unit, unless the minimum shoreline lot width in § 200-37 hereof for the zoning district involved is greater, in which case the greater lot width shall be required: 100 feet for first 10 accommodation units; for each additional unit up to 20 units, eight additional feet; for each additional unit up to 40 units, five additional feet; for each additional unit thereafter, three additional feet.

§ 200-39.1 Ski centers.

[Added 4-6-2010 by L.L. No. 1-2010]

A. Purpose. The purpose of these ski center regulations is to promote and protect the public health, welfare and safety, and to protect economic property values, aesthetic and recreational values and ensure optimal siting of such facilities.

B. Ski center requirements:

(1) The minimum area necessary for siting a ski center is 50 acres. No ski center may be established on a parcel or aggregate parcels less than 50 acres in size.

(2) Such facilities shall include, but not be limited to, amenities for skiing, snowboarding, tubing, mountain biking and similar outdoor recreational activities.

(3) Ski centers are considered a Type I Use permitted by site plan review, also requiring a Class A regional permit from the APA.

[Amended 1-8-2019 by L.L. No. 2-2019]

§ 200-40 Multiple-family dwellings.

A. The minimum land area necessary per each individual dwelling unit shall be the minimum lot area required for the zoning district in which the multiple-family dwelling is to be located as per the zoning schedules in § 200-15.

B. Adequate off-street parking shall be provided as per § 200-48 of this article.

C. Approval of water supply and sewage disposal by the New York State Department of Health or other appropriate regulating agency shall be mandatory.

§ 200-41 Agricultural uses.

Supplemental regulation of agricultural uses shall be as set forth in §§ 200-42 and 200-43, as follows.

§ 200-42 Animal husbandry.

Standards contained herein are on a "per animal" basis, unless specified otherwise.

A. Enclosures. Shelter shall be provided for all farm animals according to their individual need with consideration given to:

(1) Weatherproofing.

(2) Ventilation.

(3) Drainage.

(4) Dry storage for feed.

(5) Secure enclosure - fence, cage, barn, etc.

B. Manure. Animal waste must be treated as follows:

(1) Bulk storage must be:

(a) Fifty linear feet from property line.

(b) Two hundred linear feet from stream or shoreline.

(c) Handled to minimize odor and pests.

(2) Soil application must:

(a) Not permit leaching or runoff into any stream, pond, river or lake.

(b) Be generally according to provisions of § 200-46, Soil erosion standards.

C. Farm animals. The following are minimum standards for individual accommodations:

(1) Horse and cattle.

(a) Tie stalls: 12 feet by five feet.

(b) Enclosed box stalls: 12 feet by 12 feet.

(c) Common pen type enclosure: 150 square feet per animal.

(d) Exercise yard of 500 square feet per animal. If more than two horses are kept, a minimum of one acre of pasture/exercise area per animal is required.

(2) Pigs.

(a) Enclosed pens must allow 50 square feet per animal.

(b) Exercise yard accessible to each pen with 100 square feet per animal.

(c) Enclosure secure from burrowing.

(3) Goats and sheep (or equivalent).

(a) Tie stalls: two feet by five feet.

(b) Enclosed box stalls: six feet by six feet.

(c) Common pen enclosure of 20 square feet per animal.

(d) Exercise yard of 150 square feet per animal, accessible to each animal.

(4) Chickens (and other fowl) and rabbits (and other small mammals).

(a) Generally accommodations must be secure from predators.

(b) Adequate room for the animals' mobility is necessary, common area should be a minimum of 18 inches high.

(5) Standards for accommodations of animals not covered by § 200-42 will be determined by the Planning Board with help from the Warren County Cooperative Extension Service.

§ 200-43 Cultivation.

Large open areas as specified in the zoning schedules are subject to the restrictions herein:

A. Furrows shall be parallel to the contour of the land.

B. Grades steeper than 10% shall be interrupted every 100 feet of descent by an undisturbed strip of sod or shrubbery 10 feet or more in depth.

C. Manure or commercial fertilizer shall be applied to land so as to minimize offensive odors to neighbors and in no case shall be closer than 50 feet from a stream or lake or pond.

D. Cultivation methods shall minimize runoff or leaching into a stream, river, pond or lake and in no case shall be closer than 50 feet to the mean high water mark of said body of water, except that in the case of an intermittent stream where cultivation may extend to 25 feet from the high water mark.

§ 200-44 Mining, excavation of minerals/gravel.

A. Excavation.

(1) Slopes caused by the excavation shall not exceed 30%.

(2) Depth of excavation shall approach no closer than five feet to the average high point of the groundwater table measured annually.

(3) Stockpiled material shall not exceed 35 feet.

B. Buffer zones.

(1) An undisturbed fifty-foot buffer zone shall surround the excavation within the limits of the property.

(2) The entry into the excavated area shall be curved so as to prevent a direct view from the public right-of-way.

(3) The provisions of the Soil Erosion Standards shall govern all excavations.

(4) An undisturbed seventy-five-foot buffer zone shall separate the excavation from any stream bed.

§ 200-45 Storage of volatile liquids.

A. Location, Volatile liquid storage of 50 or more gallons shall require a one-hundred-foot setback from residential property.

[Amended 12-27-2018 by L.L. No. 1-2019]

B. Dike. A dike capable of containing the entire stored volume must surround the storage facility. In no case shall the height of the dike be less than five feet.

C. Buffer. A one-hundred-foot buffer must surround the entire parcel. Existing vegetation should be retained or additional new plantings should be installed to create a visual screen.

D. This article shall not apply to the storage of home heating fuels by individual users.

§ 200-46 Soil erosion standards. [1]

A. Guidelines. Unless the standards in Subsection B below are more restrictive, the applicant shall conform to the published "Guidelines for Erosion and Sediment Control in Urban Areas of New York State" by USDA - SCS, copies of which are maintained at each Soil and Water Conservation District Office.

B. Standards.

(1) When land is exposed during development, the exposure should be kept to the shortest practicable period of time and the smallest amount of land possible.

(2) Grading and development shall preserve salient natural features such as trees, groves, natural terrain, waterways and other similar resources, keep cut and fill operations to a minimum and ensure conformity to existing topography so as to create the least erosion potential and adequately accommodate the volume and rate of velocity of surface runoff.

(3) Disturbed soils shall be stabilized as soon as possible. Temporary vegetation and/or mulching shall be used to protect exposed land areas during construction.

(4) Permanent vegetation shall be successfully established and erosion control structures shall be installed within a time specified on the building permit. Wherever feasible, natural vegetation shall be retained and protected.

(5) Topsoil removed from areas for structures shall be redistributed within the boundaries of the lands in question so as to provide suitable base for seeding and planting.

(6) The development shall be fitted to the topography and soils to create the least erosion potential.

(7) Provision shall be made prior to, during and after construction to dispose of increased runoff caused by changed surface conditions, in a manner which minimizes danger of flooding, erosion and pollutants from urban runoff entering lakes, streams or rivers.

(8) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment runoff waters from land undergoing development. Provisions shall be made to prevent surface water from damaging the cut face of excavations, fills, or sloping surfaces.

(9) The control of erosion and sediment shall be a continuous process undertaken as necessary prior to, during and after site preparations and construction. Sedimentation control measures shall be installed as part of site preparation prior to beginning any construction.

(10) Fills shall not endanger adjoining property nor divert water onto the property of others. Maximum cut or fills shall be six feet for all construction; however, this limitation shall not be applicable to any cut or fill required for the placement of a basement under a building.

[Amended 2-20-1997; 7-3-2007 by L.L. No. 2-2007]

(11) Fills shall not encroach on natural watercourses, constructed channels or floodway areas. Fills placed adjacent to, or having impact on, natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding. There will be no discharge of sediment or other material into the watercourses.

(12) All fill material shall be of a composition suitable for the ultimate use of the fill, free of rubbish and carefully restricted in its content of brush, stumps, tree debris, rocks, frozen material, and soft or easily compressible material. Fill material shall be compacted sufficiently to prevent problems of erosion.

(13) Grades of at least one-half percent and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within site plans, in which event there shall be sufficient water flow to maintain proposed water levels and avoid stagnation.

(14) No development shall be permitted in a floodway if such development shall raise water surface elevation of the base flood at any point in the community.

(15) The rate of surface runoff shall not be increased by new construction. Whenever possible, drainage shall be sheet drained into earthen swales and collected in a detention or retention basin. Where soils permit, the water shall be allowed to percolate into the soils. Where clayey soils occur, water shall be collected during storm periods and released slowly into existing streams and drainage channels.

(16) During grading operations, appropriate measures shall be taken for dust control.

(17) Grading equipment shall not be allowed to enter into or cross any watercourse, except in accordance with the best management practices as defined in the building permit.

(18) Whenever lawns are established, areas of natural vegetation shall be maintained to filter fertilizers, pesticides or other chemicals before the runoff enters natural streams or drainage channels. Property owners shall be encouraged to leave natural vegetation rather than develop lawns.

(19) Boat ramps shall be limited to public boat launch sites and commercially operated boat launches.

(20) Boat ramps shall be designed to accommodate most runoff before it enters the lake or river.

[1] Editor's Note: See also Ch. 125, Stormwater and Erosion Control.

§ 200-47 Standards for regulation of mobile homes, transient mobile home courts and campgrounds.

A. Purpose. The purpose of these standards is to promote the health, safety, and general welfare of the inhabitants of the Town of Bolton by establishing specific minimum requirements and regulations governing the occupancy and maintenance of mobile homes, transient mobile home courts and campgrounds.

B. Licenses required for transient mobile home courts or campgrounds. No person, being the owner, lessee or occupant of any land within the Town of Bolton shall use, permit, or continue any existing use of said land as a transient mobile home court or a campground unless a license therefor has been obtained as hereinafter provided.

C. Application for a license for transient mobile home court or campground.

(1) Each application for such a license shall be in writing signed by the applicant and filed in triplicate with the Town Clerk.

(a) The name and address of the applicant.

(b) The name and address of each partner if the applicant is a partnership.

(c) The name and address of each officer and director if the applicant is an association or a corporation.

(d) A complete legal description of the land upon which the proposed court or campground is to be located.

(e) The number of lots to be used for dependent or other mobile homes, or for both such uses, in the proposed or existing court or campground.

(2) Such application shall be accompanied by 10 complete sets of plans and specifications prepared and certified by a registered architect, licensed professional engineer or licensed surveyor. Such plans shall show the date thereof and the name of the applicant, be drawn to a scale of 20 feet to one inch, show contours at two-foot intervals, indicate the north point thereof, and shall show and identify:

[Amended 10-2-2001 by L.L. No. 2-2001]

(a) The location and boundaries of the land proposed to be used as a transient mobile home court or campground.

(b) The major physical features of the land within the court or campground and within 500 feet thereof, including all watercourses, marshes and areas subject to flooding, and all wooded areas.

(c) All existing development within the court or campground within 500 feet thereof, including structures, streets, woods and highways, utilities and service facilities.

(d) All proposed development within the court or campground, including:

[1] Entrances, exits, streets and walkways, with suitable indication of the widths thereof;

[2] Each proposed transient or other mobile home lot, driveways, parking area, and refuse collection area, with suitable indication of the dimensions thereof;

[3] Structures and improvements;

[4] Grading and landscaping;

[5] Stormwater drainage;

[6] Utilities and service facilities;

[7] Public improvements proposed by the Town in or adjoining the park or camp with 500 feet thereof; and

[8] Any existing zoning.

(e) Detailed drawings of and specifications for proposed structures, utilities, and other improvements, and the method and plan for exterior lighting within the park.

(3) Such application shall be accompanied by letters or other acceptable certificates indicating compliance by the applicant with all pertinent rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, Adirondack Park Agency and, if within the Lake George Park, the Lake George Park Commission, and the approval of the Town Sanitary Inspector.

(4) If the applicant is not the owner of the premises upon which the proposed court or campground is to be located, such application shall also be accompanied by an original or certified copy of a lease of the premises to the applicant, and a statement signed and acknowledged by the owner of the premises, consenting that the premises be used as a transient mobile home court or campground.

(5) Such application shall be accompanied by the proper application fee as hereinafter provided.[1]

[1] Editor's Note: See § 200-76, Application fees.

D. Licensing procedure for transient mobile home courts and campgrounds.

(1) Upon receipt of a license application as hereinabove provided, the Town Clerk shall indicate the date of receipt thereon and promptly transmit one copy of the application and all accompanying plans and specifications and other supporting documents to the Zoning Administrator, and one copy thereof to the Town Planning Board for review and report pursuant to § 271 of the Town Law of the State of New York. The Town Clerk shall also place notice in the official Town newspaper to the effect that such application has been filed.

(2) The Zoning Administrator shall promptly ascertain whether the court or campground complies with the requirements of this chapter, with § 43-0119 of the Environmental Conservation Law, if applicable, and the applicable rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, the Adirondack Park Agency and the Lake George Park Commission. The Zoning Administrator shall, after such investigation, and within 45 days of the date of receipt of the application by the Town Clerk, transmit his written approval or disapproval of the application and his recommendation pertaining thereto to the Planning Board.

(3) Planning Board Review and Public Hearing. In consultation with the Chairman of the Planning Board, the Zoning Administrator will decide if a public hearing of the Planning Board is necessary. Said decisions must be made within 15 days of receipt of the full application by the Town Clerk. If a public hearing is required it must be scheduled within 45 days of receipt of the full application by the Town Clerk.

(4) Lake George Park Commission. If the application is for lands within the Lake George Park, a public hearing must be held pursuant to § 43-0119 of the Environmental Conservation Law.

(5) Decision of the Planning Board.

(a) Without a public hearing the Planning Board has 62 days from receipt of the full application by the Town Clerk to render a decision of approval, disapproval, or approval with conditions.

[Amended 10-2-2001 by L.L. No. 2-2001]

(b) If a public hearing is required, the Planning Board has 62 days from the date of said hearing to render a decision of approval, disapproval, or approval with conditions.

[Amended 10-2-2001 by L.L. No. 2-2001]

(6) Planning considerations. Along with other considerations required by this chapter, the Planning Board shall promptly consider the location and the general arrangement of the court or campground, including the location and width of streets, the location, size and arrangement of the lots; the location of entrances and exits; and the location, type and extent of landscaping and screening materials.

(7) Issuance of license for mobile homes. If the applicant is approved by the Planning Board, the Town Clerk shall, upon receipt of the applicable license fee herein provided, together with the actual cost to the Town of any engineering or other similar services incurred by the Town in consideration of the application, issue a license to be effective from the date thereof, through the 31st day of December next succeeding. Such license shall specify the uses of each lot on the premises and shall designate the number of lots for dependent and for other mobile homes.

(8) No such license shall be transferable or assignable.

(9) Expansions of existing facilities. Any person holding a license for a transient mobile home court or campground, and desiring to add additional lots to such court or campground shall be considered as an original applicant.

E. Requirements for transient mobile home courts and campgrounds.

(1) Site.

(a) The court or campground shall be located in the areas where grades and soil conditions are suitable for use as mobile home sites or campsites. Soil erosion standards of this article shall apply.

(b) The court shall be located on a well-drained site which is properly graded and free at all times from stagnant pools of water.

(c) The court or campground shall be at least 10 acres in size, with at least 100 feet of frontage on a public highway.

(2) Accessibility.

(a) Every court or campground shall be easily accessible from a public highway or street.

(b) Any court or campground containing more than 16 sites shall have two points of entry and exit, but no such court shall have more than four entry and exit points.

(c) Every entrance and exit from a court or campground shall be so designed and located as to provide safe and convenient movement of persons and vehicles into and out of the court and to minimize friction with the free movement of traffic on the public highway and streets to which it connects. Every entrance and exit shall:

[1] Be at right angles to public highway or street to which it connects.

[2] Be free of any material which would impede the visibility of a driver on a public highway or street.

[3] Be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.

(d) Each court or campground shall have streets providing convenient access to all lots and other important facilities within the site. All such streets shall:

[1] Be improved to not less than minimum Town oil and stone road specifications.

[2] Be so designed as to permit safe and convenient vehicular circulation within the park.

[3] Be adapted to the topography and have suitable alignment and gradient compatible with other Town regulations.

[4] Intersect at right angles.

[5] Have a thirty-foot minimum width of right-of-way.

[6] Be maintained to a minimum width of 20 feet.

(e) Except in case of emergency, no parking shall be allowed on any street in any court.

(f) An improved driveway shall be provided for each lot. This driveway shall have a minimum width of nine feet.

(3) Parking.

(a) One off-street parking space shall be provided on each lot with access thereto by a driveway having a minimum width of nine feet.

(b) Additional off-street parking space shall be provided at strategic and convenient locations for guests and delivery and service vehicles.

[1] There shall be one such additional parking space for each two lots within the court or campground.

[2] Such parking spaces shall be provided in bays which shall provide for adequate maneuvering.

(c) Such parking spaces and driveways shall:

[1] Be constructed of an appropriate durable nonporous material adequate for the support of any load reasonably expected to be placed thereon.

[2] Have a durable surface and be suitably graded to permit rapid surface drainage.

(4) Utilities and service facilities. The following utilities and service facilities shall be provided and shall be constructed and maintained in accordance with all requirements, rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, and the Lake George Park Commission, where applicable.

(a) Any transient mobile home court or campground shall be provided with sufficient drinking water, toilets, showers and other sanitary facilities to accommodate all dependent mobile homes therein as follows:

[1] An adequate supply of pure water for drinking and domestic purposes and at least one cold water tap shall be provided for any two adjoining mobile home lots.

[2] The toilet and other sanitary facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by soundproof walls.

[3] Toilet facilities for males shall consist of not less than one flush toilet for every 15 dependent mobile homes, one shower, with individual dressing accommodations, for every 10 dependent mobile homes, and one lavatory for every 10 dependent mobile homes.

[4] Toilet facilities for females shall consist of not less than one flush toilet for every 15 dependent mobile homes, one shower, with individual dressing accommodations, for every 10 dependent mobile homes, and one lavatory for every 10 dependent mobile homes.

[5] An adequate supply of hot and cold running water shall be provided for each shower and lavatory.

[6] Service buildings housing the toilet and sanitary facilities shall be permanent structures complying with all applicable ordinances and statutes, and shall be located not closer than 20 feet from any dependent mobile home.

[7] The service building shall be well-lighted at all times of the day and night, well-ventilated with screened openings, constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing, and maintained at a temperature of at least 68° Fahrenheit during the period from October 1 to May 1. The floor shall be of water-impervious material.

[8] All service buildings and the grounds of the court or campground shall be maintained at all times in a clean, sightly condition.

[9] All sewage and wastewater shall be discharged into a public sewer system in compliance with applicable statutes or ordinances, or into a private sewer and disposal plan or septic tank system of such construction and in such manner as will meet all legal requirements and present no health hazards.

[10] Garbage cans with tight fitting covers, in quantities adequate to permit the disposal of all garbage and rubbish from the court. Such cans shall be kept covered and in sanitary condition at all times. An adequate supply of such cans shall be kept within 100 feet of each lot. Garbage and rubbish shall be collected and disposed of outside the court as often as may be necessary to ensure that such cans shall not overflow.

[11] Each mobile home lot shall be provided with weatherproof electric service connections and outlets which are of a type approved by the New York State Board of Fire Underwriters.

(5) Open space and landscaping.

(a) Each court or campground shall provide common open space for the use of the occupants of such courts or campgrounds.

(b) Such open space shall be conveniently located in the court or campground. Such space shall have a total area equal to at least 10% of the gross land area of the court or campground.

(c) Every transient mobile home court or campground shall have lawn or other suitable vegetative cover in all areas not used for the placement of mobile homes and other buildings, walkways, roads, and parking areas. Trees or shrubs shall be provided to the extent necessary to screen objectionable views, and to provide adequate shade and a suitable setting for the transient mobile homes, campsites or other facilities in the court or campground.

(d) Views which shall be screened include fuel tanks and other nonresidential uses, garbage storage and collection areas, and all abutting yards of adjacent properties.

(e) Other plantings shall be provided along those areas within the court which front upon public highways and streets, to reduce glare from automobile headlights and provide pleasant outlooks for the living units.

(6) Required records. The owner or operator of every transient mobile home court or campground shall keep a permanent record in writing of all persons occupying or using the facilities of such court, which shall include the following:

(a) The name and address of the occupant of each lot, and the automobile registration plate number.

(b) The name and address of the owner of each mobile home.

(c) The registration number, if any, and the make and color of each mobile home.

(7) Required fees. Besides the fees required by site plan review, the fee for a transient mobile home court or campground shall be $2 multiplied by the number of lots to be authorized by the license.

F. Inspection, maintenance, revocation, and renewal.

(1) Administrator. The Zoning Administrator or other authorized representative of the Town of Bolton shall have the right, at any reasonable time, to enter any transient mobile home court or campground, and shall have the right to inspect all parts of said court or campground, and to inspect the records above required.

(2) Violations. If the Zoning Administrator or authorized representative of the Town finds that any such court or campground is not being maintained in a clean and sanitary condition, or is not being conducted in accordance with the provisions of this chapter or any other ordinance, rule or regulation, the Zoning Administrator shall issue an order in writing upon the holder of the license, or the person in charge of said court or campground, directing the conditions therein specified to be remedied within the time specified in said order.

(3) Revocation of license. If such conditions are not corrected within such period, the Zoning Administrator may cause a notice in writing to be served upon the holder of said license, or the person in charge of such court or campground, requiring the holder of the permit to appear before the Planning Board at a time to be specified in such notice and to show cause why such permit should not be revoked. The Planning Board may, after a hearing at which testimony of witnesses may be taken and the holder of the license shall be heard, revoke such license, or refuse to renew it at the next renewal date. Upon the revocation of or refusal to renew any such license, the premises shall forthwith or thereupon cease to be used for the purposes granted in said license, and all dependent or other mobile homes shall forthwith be removed therefrom. Said revocation would be in addition to other fines and/or imprisonment authorized by this chapter.

(4) Annual application. An applicant for the annual renewal of any transient mobile home court or campground license or under the chapter must be filed with the Town Clerk on or before the first day of December of each year. The renewal application shall be in writing and signed by the applicant and shall contain the same information as required in the original application for a license. Such renewal application need not be accompanied by a plan of such court or campground, unless substantial changes have been made, nor by a copy of the lease of the premises, unless a new lease has been entered into subsequent to the time of filing the previous application. Upon review and approval by the Zoning Administrator, a renewal license shall be issued effective upon the expiration of the prior license and, subject hereto, shall continue in force for a period of one year. Such renewal license shall not be transferred or assigned. The applicant shall, at the time renewal license is issued, pay the required fee.

(5) Denial. The renewal license may not be denied except on due cause as provided in Subsection F(1), (2) and (3) above, and then only be resolution of the Planning Board.

G. Regulation of mobile homes outside of transient mobile home courts or campgrounds.

(1) Temporary location. No occupied dependent, transient mobile home or other mobile home shall be parked or allowed to remain upon any street, highway, road, alley, or other public place, except that emergency stopping or parking occasioned by mechanical failure is permitted upon the shoulder of any street or highway for a period of not longer than 48 hours, subject, however, to any other and further prohibition, regulations or limitations imposed by law.

(2) Permit required. No occupied dependent, transient mobile home or other mobile home shall be parked or placed outside a licensed mobile home court, transient mobile home court or campground for more than 48 hours, except upon a site plan review permit issued pursuant to the provisions of Article V of this chapter. Such a site plan review permit may be issued for a period not to exceed 10 days, and shall not be renewable within the same calendar year. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures.

(3) Construction trailer. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter, for a site plan review permit for a period not to exceed 180 days by the owner of land within the Town who intends to construct on such land a dwelling house for his own occupancy, or his employee's occupancy. The owner of the land may place or park a mobile home on such land for his own occupancy, or his employee's occupancy, during the construction of such dwelling. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures. Such a site plan review permit shall be renewable for only one additional period not to exceed 180 days. However, if material progress with house construction is not made within 45 days from the issuance of the said site plan review permit or if construction work ceases for a consecutive period of 45 days, such site plan review permit shall become void. Said mobile home shall be removed from the premises upon expiration of the site plan review permit. Said site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days.

(4) Temporary displacement. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter, for a site plan review permit, for a period not to exceed 180 days, by the owner of land within the Town, to temporarily replace an occupied dwelling destroyed by fire or other disaster. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures. Such a site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days. Such a site plan review permit shall be renewable for only one additional period not to exceed 180 days.

(5) Land owner permit. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter for a site plan review permit, for an initial period not to exceed one year by the owner of land within Rural Residential Zoning Districts (RR) only by the Town of Bolton to park or place one mobile home on such land for his own occupancy, as his one and only permanent residence. Said site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days. Such a site plan review permit shall be renewable for successive one-year periods upon proper application and approval pursuant to the provisions of this chapter.

(6) Compliance with all ordinances required. Additional standards for site plan review permits granted pursuant to this section. A site plan review permit for an occupied mobile home shall be issued only upon full compliance with all of the provisions of this chapter, and Town Private Residence Sewage Disposal Ordinance, and particularly to those regulations on the Schedule of Regulations for the zoning district in which the proposed site plan review use is to be located, and of the following additional regulations.

(a) No mobile home shall be located permanently within 100 feet of an existing dwelling fronting on any public highway, nor on a lot in any subdivision which has in part been developed with conventional dwellings, or upon any land restricted by deed or other covenants against placement of mobile homes or temporary structures.

(b) Each mobile home shall be located on (a) a permanent, continuous, masonry foundation, or (b) on posts or concrete blocks, provided that, in this second case, there shall be a continuous "skirting" of metal, wood or other durable, sightly material installed so as to obscure the wheels from view from the highway or street, and from any adjoining property, and such mobile home shall be situated on a lot meeting the same requirements in respect to areas and widths provided for one-family detached dwellings in the district in which such mobile home is proposed to be located, and not more than one mobile home shall be located on a lot without any other dwellings thereon.

(7) Any dependent or other mobile home lawfully in existence on the effective date of this chapter, but not located in a court or campground for which a license is required hereunder, may be continued as a nonconforming use, pursuant to the provisions of this Zoning Chapter; provided, however, that if such mobile home is relocated on the site, or if a replacement or new mobile home is proposed to be located on the site, then all of the applicable provisions of this chapter shall apply.

(8) Proposals for locating mobile homes in those areas of the RR Residential Zoning Districts which are within the boundaries of the Lake George Park, shall be referred to the Lake George Park Commission for its information and for its advisory recommendation, if such Commission desires to submit one.

H. Exceptions. None of the provisions of this chapter shall be applicable to the following:

(1) The business of mobile home sales, except that where units are used as living quarters they shall conform with all of the provisions of this chapter applicable to the situation.

(2) The storage or garaging of dependent or other mobile homes, not being used for living or sleeping purposes, within a building or structure, or to the storage of one unoccupied such home on premises occupied as the principal residence by the owner; provided, however, that such unoccupied mobile home shall not be parked between the street line and the rear building line of such premises, and that the mobile home be adequately screened from view of any neighboring residential property and, provided further, that the Zoning Administrator has been notified in advance of the storaging or garaging of such dependent or other mobile home.

(3) A dependent or other mobile home located on the site of a construction project, survey project or other similar work project, and which is used solely as a field office, work or tool house in connection with such project, provided that the Zoning Administrator has been notified in advance of the parking or placement of such a dependent or other mobile home and provided further that such dependent or other mobile home is removed from such site within 30 days after completion of such project.

§ 200-48 Off-street parking and loading.

A. Off-street parking. Off-street parking space shall be required for all buildings constructed, altered, extended and engaged in use after the effective date of this chapter. Each off-street space shall consist of at least 200 square feet and shall be at least 10 feet wide by 20 feet long and shall be reached by an access driveway at least 20 feet clear in width. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Subsection B. For uses not specified in Subsection B, the Planning Board may establish parking requirements consistent with those specified in Subsection B.

(1) For any building having more than one use, parking space shall be required as provided for each use.

(2) Parking spaces required in all districts shall be located in the side or rear yard on the same lot as the principal use unless otherwise permitted by the Planning Board.

(3) Floor areas for the purposes of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic uses primarily for storage or service.

(4) Any parking lot or parking area that will contain more than 20 cars shall be effectively divided by internal traffic islands, including one for every 20 cars or part thereof to reduce the impact of the parking area and provide safety for vehicles moving within the area. Any parking lot or parking area that will contain more than 100 cars shall be effectively divided by planted divider strips or curbing fixed in place so as to effectively divide each parking area of 100 cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed.

(5) Off-street parking areas located within 50 feet of a residential use shall be shielded by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance. Parking lot shall be screened from all street rights-of-way in such a manner as to facilitate adequate site distance at points of egress.

(6) Parking lots shall be planted in accordance with the following:

(a) One tree planted on the perimeter of the parking lot for every 10 cars or fraction thereof.

(b) One tree planted in the interior of a parking lot (on traffic islands) for every 10 cars or fraction thereof.

(c) Buffer planting shall be installed between the parking lot and adjacent properties.

(d) Buffer planting shall be installed between the parking lot and the street.

(e) If existing trees and vegetation are left on the site, these may be used in lieu of new plantings.

(f) New plantings shall comply with the following sizes:

	Major tree	3-1/2” caliper
	Flowering tree	2-1/2” caliper
	Evergreen tree	4-6' height
	Shrub	2-3” height or spread

(7) Lighting for parking lots shall be designed in such a manner as to prevent glare onto other properties.

B. Off-street parking schedule.

	Use	Minimum Spaces Required
	Dwelling	Two spaces for each dwelling unit.
	Rooming house, tourist accommodation	One space for each guest room and one space for each employee.
	Church or temple	One space for each four seating spaces in the main assembly room, one space for each clergyman and one space for each employee.
	Theater or other place of assembly	One space for each four seating spaces and one space for each employee.
	Retail store	One space for each 100 square feet of gross floor area.
	Office or bank	One space for each 300 square feet of gross floor area.
	Clubs or restaurants	One space for each 100 square feet of gross floor area or one space for each four seats, whichever is greater, and one space for each two employees.
	Wholesale, storage, freight terminal or utility use	One space for each 1,000 square feet of gross floor area.
	Industrial use or manufacturing use	One space for each company vehicle and for each two employees, based on peak working hours.
	Home occupation	One space for each 100 square feet of space devoted to such use.
	Drive-in restaurant	One space for each 25 square feet of gross floor area.
	Shopping center	Five and one-half spaces for each 1,000 square feet of gross leasable floor area.
	Off-street parking regulations may be waived in lieu of landscaping or a fee to be established by the Bolton Town Board.

C. Off-street loading. At least one off-street loading space shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet, computed as described below. Space for off-street loading shall be in addition to space for off-street parking. Each off-street loading space shall be subject to the following minimum requirements:

(1) Each berth shall be not less than 12 feet wide, 40 feet long and 14 feet in height when covered.

(2) Off-street loading space (or spaces) located within 50 feet of residential property shall be shielded by wall, fencing, or other suitable material which shall serve to screen noise and uncontrolled entrance.

§ 200-49 Sign regulations.

[Amended 2-20-1997]

Regulations for the design, erection and maintenance of signs shall be according to the Sign Regulations for the Town of Bolton. See § 200-22, Sign regulations.

§ 200-50 Antennas and dishes.

A. Small antennas used for the reception of local television or radio channels shall not be considered a structure and as such will not be regulated by this chapter.

B. Larger dish, satellite, ham radio, CB, cellular phone, shortwave or other major antenna structures shall be considered a structure and shall be reviewed under site plan review in accordance with Article V of this chapter and shall be regulated as follows:

(1) Setbacks: same as the principal building in each zone.

(2) Height: 35 feet maximum.

(3) Clearing: screened from any scenic travel corridor, Trout Lake, Schroon River, Lake George or residential, recreational or tourist-oriented use.

(4) Color: muted earth tones.

§ 200-51 Clearing regulations.

Purpose. The protection of the natural resources in Bolton is important to its economic success as a tourist community in the Adirondack Park. The clear-cutting of trees has in the past opened up objectionable views, exposed sensitive soils to erosion causing siltation in streams, ponds and lakes and generally degraded the natural environment in the Town of Bolton.

A. Lumbering or timber harvesting.

(1) No lumbering shall be allowed within the setbacks for front yard in any zone.

(2) Any slash and debris from lumbering activities shall be removed from all sites in view of all sensitive land use areas and public rights-of-way.

(3) No clear-cutting shall be permitted on slopes greater than 25%.

(4) Clear-cutting on slopes between 15% and 25% shall be limited to one-hundred-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

(5) Clear-cutting on slopes between 8% and 15% shall be limited to one-hundred-fifty-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

(6) Clear-cutting on slopes between 3% and 8% shall be limited to two-hundred-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

(7) In no case shall clear-cutting exceed 200 feet perpendicular to the slope without a fifty-foot undisturbed buffer.

(8) All clear-cutting operations must make provisions for protection against erosion in accordance with § 200-46.

(9) No lumbered land which has been clear-cut shall be considered for residential development for at least five years after completion of lumbering activities on that section of land.

B. Subdivisions.[1]

(1) During construction, clearing shall be limited to the extent of grading only as approved by the Planning Board.

(2) All clear-cutting operations must make provision for protection against erosion in accordance with § 200-46.

[1] Editor's Note: For clearing in regard to subdivisions, see Ch. 150, Subdivision of Land, §§ 150-2 and 150-17G.

C. Single-family home construction.

(1) Cutting on slopes greater than 25% shall be prohibited except for the construction of buildings in accordance with this section.

(2) Clearing for residential building(s) shall be limited to 20 feet outside the area occupied by the foundation of that building(s).

(3) Clearing for a driveway shall be limited to a sixteen-foot right-of-way.

(4) Clearing for a septic field, or pit or sewer line shall be limited to 10 feet beyond the space occupied by the elements of the system.

(5) Clearing for a well shall be limited to a fourteen-foot right-of-way to drill such well and service the residence.

(6) All services to the structure are encouraged to be located underground.

§ 200-52 Fence regulations.

Any fence over six feet in height from natural grade will require a site plan review. Also, any fence in excess of 100 square feet on lakeshore lots that is within the setback requirements from the lakeshore will require a variance.

§ 200-53 Architectural review.

A. Purpose. To preserve the open space rural character of Bolton; to maintain the small village character of the hamlet areas by providing a variety of architectural character while discouraging excessive dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected.

B. Approvals. As part of site plan approval, the Planning Board may approve; conditionally approve subject to specific modifications; or disapprove any application, provided that such disapproval shall be by the unanimous vote of said Board present at any meeting where said vote is taken, and that the Board finds that the building for which the permit is applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area or region as to provoke one or more of the harmful effects set forth in Subsection A hereof by the following reason:

(1) Excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance:

(a) Apparently identical facade;

(b) Substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangement; or

(c) Other significant identical features of design, provided that a finding of excessive similarity shall state not only that such excessive similarity exists, but further that it is of such a nature as to be expected to provoke, beyond a reasonable doubt, one or more of the harmful effects set forth in Subsection A above.

(2) Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features:

(a) Cubical contents;

(b) Gross floor area;

(c) Height of building or height of roof; or

(d) Other significant design features such as material or quality of architectural design;

Provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke, beyond a reasonable doubt, one or more of the harmful effects set forth in Subsection A hereof and that the finding is not based on personal preference as to taste or choice or architectural style.

C. The Planning Board, in furtherance of the requirements of the purposes of this section, shall be empowered to enact and adopt by resolution and amend, modify or supplement written rules and regulations constituting specific criteria for consideration under its architectural review powers herein granted. Current rules and regulations specifying architectural review criteria shall be available to the public and all interested parties from the Zoning Administrator.

[Added 10-5-2004; amended 8-2-2005]