A.

Intent. The town finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the town and that such damage may include: destruction or loss of private and public housing, damage to public facilities and injury to and/or loss of human life. In order to minimize the threat of such damage and achieve the purposes and objectives set forth in the flood damage prevention local law this overlay district is established.

B.

Applicable Area. The provisions of this chapter shall be applicable to all areas of special flood hazard areas as identified by the Federal Emergency Management Agency in the flood insurance rate map and flood boundary-flood way map, all panels dated August 18, 1993 or the most recent updated version.

C.

Special Requirements. The specific provisions as set forth in the Flood Damage Prevention Local Law, Town of Big Flats, shall be applicable to all areas in this overlay district.

(LL No. 1, 2021, § 1)

A.

Intent. The intent of the aquifer protection overlay district (APOD) is, in the interest of public health, safety, and general welfare, to preserve the quality and quantity of the town's groundwater resources in order to ensure a safe and healthy drinking water supply. This purpose will be accomplished by regulating certain uses that have been determined to be potentially damaging to groundwater quality, and by establishing minimum documentation and submittal requirements to ensure that other uses will not adversely affect the groundwater quality and quantity.

B.

The aquifer protection overlay districts are named and described as follows:

1.

Area I District. Zone of contribution type of aquifer which is a highly permeable area that primarily serves as a public water supply for a municipal water system, private water company, water district and water authority.

2.

Area II District. Primary aquifer type of aquifer which is a potentially productive area not yet intensively used as sources of public water supply, but that is composed of moderately permeable material that may have the potential to be a source of public water supply and that serves as a significant source of water for individual wells and/or has an area extent greater than one square mile in size.

3.

Area III District. That upland area of the town tributary to the aquifer protection overlay district.

C.

Applicable Area. The aquifer protection overlay district shall have three areas that are considered as overlaying other districts as defined in subsection B of this section and as indicated on the zoning map as area I, area II, and area III. Any use permitted in the portions of the district so overlaid shall be permitted, subject to all the provisions of this subsection. The APOD consists of aquifers and aquifer recharge areas shown on the aquifer protection overlay district map. The aquifer protection overlay district map is an approximate delineation of the boundaries of the unconsolidated sand and gravel deposits, recharge areas with sand and gravel at the surface, and probable high-yield bedrock well locations as identified. In any cases where conflicts arise between these supplemental requirements and any other existing requirement, the more restrictive shall apply.

D.

Permitted Use. All uses permitted under this title and listed in Section 17.12.010, or 17.21.030 where applicable, for the various districts are permitted in the aquifer protection overlay district except as follows:

1.

Prohibited uses and activities in all areas of the APOD:

a.

The discharge, land application, or disposal of any hazardous material, toxic substance, or radioactive material;

b.

Any principal use that is the production or processing of any hazardous material or toxic substance;

c.

Any form of underground injection of hazardous materials or toxic substances is prohibited;

d.

The use of septic system cleaners which contain toxic substances or hazardous materials;

e.

The disposal of toxic substances or hazardous materials by means of discharge to a septic system;

f.

Land spreading of septic waste.

2.

Prohibited use in aquifer areas I and II:

a.

The open storage of pesticides, herbicides, or fungicides. All other storage of such material is prohibited unless authorization has been obtained from the state department of environmental conservation as provided in the New York Environmental Conservation Law;

b.

Solid waste disposal facility;

c.

The bulk storage of coal or salts, except in a water-tight structure, or cover constructed on an impervious material;

d.

One-unit dwelling using septic tanks on a lot of less than thirty-five thousand (35,000) square feet, except as otherwise permitted by the county health department;

e.

Two-unit dwelling using septic tanks on a lot of less than fifty thousand (50,000) square feet, except as otherwise permitted by the county health department.

3.

Prohibited uses in aquifer area III:

a.

The open storage of pesticides, herbicides, fungicides, and artificial fertilizers within fifty (50) feet linear distance of any watercourse;

b.

The open storage of coal or salt within fifty (50) feet linear distance of any watercourse.

E.

Applicability.

1.

An applicant for any proposed action requiring subdivision approval, special use permit, site plan approval, zoning amendment, or zoning variance, under this chapter or Title 16, Subdivisions, shall be subject to the restrictions contained herein. Applicants for special use permit or a major subdivision shall additionally be subject to the aquifer impact assessment provisions of subsection F of this section. Compliance shall be required as a condition of approval of any action within the APOD. The applicant shall show on any required submissions, the location of any portion of the subject property which lies within the APOD district as identified on the town aquifer protection overlay district map.

2.

Existing development, uses, or activities located within the APOD district are not subject to the requirements of this section and are considered permitted, preexisting nonconforming uses or activities. Any significant change in a permitted pre-existing nonconforming use or activity shall be subject to the requirements of the APOD district regulations except for routine maintenance, repair, replacement, or minor improvements to such existing permitted nonconforming uses and facilities.

F.

Aquifer Impact Assessment. All applications for subdivision, site plan, or special use permit, zoning variances, and zoning amendments under this code shall include an aquifer impact assessment, unless waived by the planning board for good cause shown, based on the methodology developed by the town planning and zoning department. Said assessment shall be prepared by a qualified professional (e.g. licensed engineer, water engineer, geohydrologist). The following use restrictions and requirements shall apply to all land in the APOD district and which is within one mile of community water supply wells or springs. These use restrictions are not intended to supersede the New York State Agriculture and Markets Law or the New York State Environmental Conservation Law governing acceptable agricultural practices.

G.

Supplemental Requirement in Areas I and II.

1.

All commercial, industrial, home occupation, and cottage industry uses shall comply with all local, state, and federal requirement concerning storage, use and disposal of toxic substances, hazardous materials, and hazardous wastes.

2.

Petroleum bulk storage facilities installed above or below ground shall comply with state department of environmental conservation requirement.

3.

Commercial, industrial, home occupation, and cottage industry uses shall provide to the code enforcement officer, lists of all toxic substances, hazardous materials, or hazardous wastes known to be used or stored on a lot together with sufficient detail to apprise the town of the method of storage and the amount of toxic substances, hazardous materials, or hazardous wastes on the lots. In the case of existing uses, this information shall be supplied within six months of enactment of the local law codified in this title. In the case of proposed use, this information will be supplied as part of the plans prepared for site plan approval.

4.

When the existing or proposed use includes the bulk storage of toxic substances, hazardous materials, or hazardous waste and it is determined to have a potential negative impact on groundwater quality, the planning board, as part of its site plan review and approval procedure, may require plans showing all features of a system necessary for proper storage and monitoring in the event of leak or spill of these substances and such plans be prepared by a design engineer.

5.

When a proposed use includes the use of toxic substances or hazardous materials and it is determined to have a potential negative impact on groundwater quality, the planning board may require, as part of their site plan review and approval procedures, plans prepared by a licensed architect or engineer showing all features of the systems necessary for satisfactory conveyance, distribution and use of the materials, operating plans and monitoring in the event of leak or spill of these substances.

6.

The planning board may require that certain commercial and industrial uses provide on-going groundwater monitoring as follows:

a.

A commercial or industrial use, for which the planning board requires groundwater monitoring, which commences on or after the effective date of the local law codified in this title shall install and maintain a minimum of one groundwater monitoring well in a direction up gradient from on-site activities and one groundwater monitoring well in a direction down gradient from on-site activities. The specific location of these groundwater monitoring wells shall be determined by a professional geologist, hydrologist, engineer, or other qualified expert trained and experienced in hydrogeology.

b.

Frequency of required water quality sampling from monitoring wells shall be determined on a site-specific basis.

c.

Access to monitoring wells shall be provided to the town for purposes of inspecting and monitoring water quality sampling deemed as appropriate.

d.

The sampling analysis shall include, as a minimum, pH, total dissolved solids, total carbon, and total organic carbon.

7.

Vehicle filling station, vehicle repair, vehicle sales, lease and/or repair; heavy equipment, and salvage yard including but not limited to: vehicle repair, body repair, disassembly, and rust proofing operations:

a.

Floor drains shall be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

b.

Wastes collected in a holding tank shall be disposed of through a licensed waste hauler.

c.

Waste degreasing solvents shall be stored in drums or a holding tank and disposed of through a licensed waste hauler.

d.

Waste oil shall be stored in tanks or drums for disposal by a licensed waste hauler.

e.

Storage facilities for tanks and/or drums shall require coated, sealed concrete floors, and containment areas to retain accidental spills or leaks; a permanent roof to protect tanks or drums and that prevents precipitation from entering dikes. Drums shall be sealed and shall be located away from floor drains.

f.

Large drip pans shall be kept beneath drums, which have spigots and are stored in horizontal position on racks.

g.

Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall be stored in proper containers to prevent environmental release of contaminants.

8.

Commercial application of pesticides, herbicides, fungicides, or chemical fertilizers:

a.

Application of pesticides, herbicides, fungicides, or chemical fertilizers shall be performed in accordance with the recommendations and label of the manufacturer.

b.

Property owners who enlist the services of a commercial pesticide, fungicide, or herbicide applicator shall ensure that the applicator is certified and licensed by the state department of environmental conservation.

c.

No pesticides or herbicides shall be stored or applied except in compliance with this section. All storage of pesticides and herbicides within the APOD shall be within a building. Application of pesticides and herbicides within aquifer recharge areas or probably high-yield bedrock wells, as identified on the APOD map, shall be subject to issuance of a special use permit as required by Chapter 17.32, Special Use Permit Review and Criteria, with the exception of commercial agricultural uses, which are exempted from this requirement. All such use, storage, or application shall be in accordance with the requirements of the New York State Environmental Conservation Law and its implementing regulations.

9.

Whenever there is a question as to the groundwater contamination potential of a proposed use, the expert opinion of the United States Environmental Protection Agency (EPA), the New York State Department of Environmental Conservation (NYSDEC), or the state or county health departments may be requested.

10.

The dumping or disposal of snow or ice collected off-site from roadways or parking areas within fifty (50) feet linear distance of watercourse is prohibited.

11.

Any outside area used for loading, handling, or mixing of coal or salts, shall be designed so as to prevent seepage and runoff from entering the groundwater or any watercourse.

12.

Disposal Wells. The installation or use of disposal wells is prohibited.

13.

Infiltration Basins. Stormwater infiltration practices shall be designed in accordance with the standard in the "New York State Stormwater Design Manual." The bottom of the infiltration facility shall be separated by at least four feet vertically from the seasonally high water table or bedrock. To protect groundwater from possible contamination, runoff from designated hotspot land uses or activities must not be directed to a formal infiltration facility. In cases where this goal is impossible (e.g. where the storm drain system leads to a larger recharge facility designed for flood control), redundant pretreatment must be provided by applying a minimum of two practices adequately designed to protect from contamination.

14.

Animal Wastes. Manure piles shall not be permitted unless provision has been made to prevent seepage into groundwater. Suitable storage facilities shall be required when it is not possible to spread or dispense of wastes on a daily basis.

15.

Industrial Sludge and Toxic Chemicals. No toxic or hazardous substances, defined as such by the United States Environmental Protection Agency or the New York Department of Environmental Conservation, shall be stored except under permit from those agencies.

16.

Wastewater Lagoons and Pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above ground and under permit by the NYS DEC.

17.

Disposal. Disposal of toxic chemicals, industrial sludge, or radioactive materials is prohibited.

18.

Fertilizer Storage. All bulk storage of fertilizers for agricultural or commercial use must be within a building or structure, which will prevent any seepage or runoff.

19.

Storage Tanks and Pipelines.

a.

The installation, construction, placement, or replacement of new or existing underground storage tanks or containers of one thousand one hundred (1,100) gallons or less for petroleum products is prohibited in connection with all uses subject to this law, including home fuel storage tanks for residential purposes. All above underground storage tanks of one thousand one hundred (1,100) gallons or less for petroleum products, pipelines, and transfer areas shall, to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas and other features.

b.

The town reserves the right to prohibit installation or expansion of above ground storage tanks of one thousand one hundred (1,100) gallons or less for petroleum products or installation or expansion of above ground storage tanks, pipelines, or containers for any other toxic chemical, where consistent with the purpose and standards of this section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding one thousand one hundred (1,100) gallons or more.

20.

Salt and Coal Stockpiles. The storage of salts or coal is prohibited except in a completely enclosed building or structure, which will prevent any seepage or runoff containing such materials.

21.

Water Wells. All water supply wells shall be constructed in accordance with the requirements of the county department of health and state department of health.

22.

Abandoned Wells. All abandoned wells shall be sealed in accordance with the requirements of the county department of health and state department of health.

H.

Supplemental Requirement in Wellhead Protection Areas.

1.

The following uses shall require special permit by the planning board:

a.

The discharge, land application, or disposal of any septic, sewage sludge and/or food waste by-product(s);

b.

Any use that involves the production, processing, or use of any hazardous material, toxic substances, or radioactive material.

2.

All new development within five hundred (500) feet of a wellhead protection area shall be subject to site plan review and approval by the planning board.

3.

Prohibited uses within five hundred (500) feet of a public water supply well:

a.

All on-site sewage disposal systems.

b.

All earth material extractive uses.

I.

Delineation of Wellhead Protection Area. Upon delineation of any wellhead protection area boundaries for the town and subsequent approval, they shall become separate wellhead protection areas under this subsection and shall be subject to all applicable rules and requirement established in this chapter and promulgated by the approval authority at the time such areas are delineated.

(LL No. 1, 2021, § 1)

A.

Findings. The town board considers scenic character to be one of the town's most important assets. Therefore, in accordance with the goals, objectives, and strategies laid out in the town comprehensive plan, the town board finds that:

1.

The natural open character of the town's ridgelines is a critical feature whose conservation enriches and benefits both residents and visitors, as documented in the town's comprehensive plan.

2.

The protection of the scenic character of the town's ridgelines is important to maintaining and protecting rural character, a sense of place, and scenic landscapes, all of which contribute to the town's quality and attractiveness for residential and commercial development, as well as for tourism.

3.

The development of areas covered by this overlay district may be appropriate, but only if such development is carefully planned and designed to maintain, conserve, and enhance the scenic features of the area and the views of the landscape from public roadways, and waterforms.

4.

Implementation of the RLO will protect important wildlife habitat and environmentally fragile areas as well as preserve open space.

B.

Purpose. The purpose of the ridgeline overlay district (hereafter the "RLO") is to:

1.

Establish clear development guidelines so that future development activities do not interfere with the scenic, aesthetic, and recreational uses utilized and enjoyed by residents and visitors;

2.

Protect the town's ridgelines, which are found at higher elevations, and include some of the most environmentally sensitive areas of the town; and

3.

Preserve the town's important scenic features including, but not limited to, individual healthy trees within open fields that are at least eighteen (18) inches in diameter at breast height (DBH), historic structures, wetlands, ponds, hedgerows, public or private unpaved country roads, and stone walls.

C.

Applicability. Any parcel, partially or wholly in one of the RLO areas are included in the RLO. The RLO is comprised of land located in the scenic view-shed with an elevation of one thousand one hundred (1,100) feet or more above mean sea level. The RLO areas are shown on "Town of Big Flats Zoning Map."

1.

For any property wholly or partially in the RLO, prior to the application for a building permit, the applicant or designee shall meet with the code enforcement officer. If it is demonstrated that the proposed construction will not take place within an RLO area, the applicant shall proceed with site plan approval in accordance with Section 17.32 of this code or building permit application, as applicable.

2.

For any property in the RLO where it is determined that construction will take place within an RLO area, prior to the issuance of any building permit, a RLO special permit and site plan approval must be received from the planning board (board). In the review of an application for a permit, the board must evaluate the potential for unreasonable adverse visual impacts resulting from a proposed activity.

3.

The requirements of this chapter shall not apply to dwelling additions and accessory structures less than three hundred (300) square feet in structure area, provided no new area is cleared. Furthermore, an elevation survey, prepared and stamped by a licensed surveyor, may be submitted to the board to show that no part of the site is in the RLO.

4.

Inconsistency. The RLO requirements shall not be used to lessen the underlying zoning district density applicable to the development. The most restrictive requirements under this chapter or the applicable requirements for the development set forth in the town code shall apply to such development. Except as provided herein, if any conflict arises between the provisions of this chapter and any other requirements set forth in this code and the town zoning law, this chapter shall control.

D.

Scope of Review. The potential impacts of a proposed activity will be determined by the board considering the presence of the scenic resource, the significance of the scenic resource, the existing character of the surrounding area, the expectations of the typical viewer, the extent and intransience of the activity, the project purpose, and the context of the proposed activity. Unreasonable adverse visual impacts are those that are expected to unreasonably interfere with the general public's visual enjoyment and appreciation of a scenic resource, or those that otherwise unreasonably impair the character or quality of such a place. During the RLO special permit process, the planning board will determine whether the proposed development will have an unreasonable adverse effect on the scenic character of the surrounding area.

1.

The board shall review the project's visual impact on the scenic viewshed using the basic visual impact assessment form and the visual impact analysis matrix provided in the appendix to this law.

2.

The board shall consider all relevant evidence to that effect, such as evidence that:

a.

The design of the proposed development takes into account the scenic character of the surrounding area;

b.

A development which is not in keeping with the surrounding scenic character will be located, designed, and landscaped to minimize its visual impact to the fullest extent possible; and

c.

Structures will be designed and landscaped to minimize their visual impact on the surrounding area.

3.

If the board finds that the proposed development will have an unreasonable adverse effect on the scenic character of the surrounding area and that effects cannot be mitigated, the board shall deny the project.

4.

If the board finds that the proposed development has an unreasonable adverse effect on the scenic character of the surrounding area, but that the effects can be mitigated, the board may impose any reasonable conditions upon the approval of a development, so long as the conditions fulfill or enhance the overriding findings and purposes of this chapter. Such conditions may include, but are not limited to, limiting illumination of the site, limiting clearing, or cutting, requiring architectural or vegetative screening, regulating the use of color and or materials used in construction, or any other reasonable conditions developed during the review of the application. Any condition imposed under this paragraph shall be clearly noted on the final plat, plan, or permit issued for the development and/or filed with the county clerk.

E.

Application Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on the scenic character of the surrounding area. Basic evidence must be provided to ensure that visual concerns have been fully addressed in each application. In addition to a visual impact assessment as described in subsection F of this section, the applicant must submit a complete site plan application and landscaping and lighting plans prepared by a registered landscape architect. Depending on the scope of the project and its potential impact, the board may require a lighting engineer. The applicant must also submit the SEQR Visual Environmental Assessment Form Addendum (V-EAF) pursuant to 6 NYCRR 617.20 Appendix B. The applicant may request a pre-application meeting during which the planning department or a committee of the planning board can provide guidance.

F.

Visual Impact Assessment. The applicant must complete a visual impact assessment (VIA). An applicant's visual impact assessment should visualize the proposed activity and evaluate potential adverse impacts of that activity on existing scenic and aesthetic uses of a protected natural resource within the viewshed of a scenic resource, and to determine effective mitigation strategies, if appropriate. The VIA must be prepared by a design professional trained in visual assessment procedures.

In all visual impact assessments, scenic resources within the viewshed of the proposed activity must be identified and the existing surrounding landscape must be described. The assessment must be completed following standard professional practices to illustrate the proposed change to the visual environment and the effectiveness of any proposed mitigation measures. The radius of the impact area to be analyzed must be based on the relative size and scope of the proposed activity given the specific location. Areas of the scenic resource from which the activity will be visible, including representative and worst-case viewpoints, must be identified. Line-of-sight profiles constitute the simplest acceptable method of illustrating the potential visual impact of the proposed activity from viewpoints within the context of its viewshed. A line-of-sight profile represents the path, real or imagined, that the eye follows from a specific point to another point when viewing the landscape. For activities with more sensitive conditions, photo simulations and computer-generated graphics may be required.

A visual impact assessment must describe the location of the activity and provide an inventory of scenic resources within the viewshed of the proposed activity. It shall include narratives to describe the significance of any potential impacts, the level of use and viewer expectations, measures taken to avoid and minimize visual impacts, and steps that have been incorporated into the activity design that may mitigate any potential adverse visual impacts to scenic resources. It shall also describe the activity relative to its location and scale within the viewshed of any scenic resource, including a description of the existing visual quality and landscape characteristics and it will indicate how the development fits into the scenic character of the area.

G.

Mitigation. In a case where the board determines that the proposed activity will have an adverse visual impact on a scenic resource, applicants may be required to employ appropriate measures to mitigate the adverse impacts to the extent practicable. Mitigation should reduce or eliminate the visibility of the proposed activity or alter the effect of the activity on the scenic or aesthetic use in some way. The board will determine when mitigation should be proposed and whether the applicant's mitigation strategies are reasonable. The board may require mitigation by requesting that the applicant submit a design that includes the required mitigation or by imposing permit conditions consistent with specified mitigation requirements.

In determining whether the projects impact on scenic and aesthetic uses are unreasonable, the board will consider whether the applicant's activity design is visually compatible with its surroundings, incorporating environmentally sensitive design principles and components according to the general strategies described below (specific design standards are listed in subsection H of this section):

1.

Planning and Siting. Properly siting an activity may be the most effective way to mitigate potential visual impacts. Applicants are encouraged, and may be required, to site a proposed activity in a location that limits its adverse visual impacts within the viewshed of a scenic resource.

2.

Design. When circumstances do not allow siting to avoid visual impacts on a scenic resource, elements of particular concern should be designed in such a way that reduces or eliminates visual impacts to the area in which an activity is located, as viewed from a scenic resource. Applicants should consider a variety of design methods to mitigate potential impacts, including screening, buffers, earthen berms, camouflage, low profile, downsizing, non-standard materials, lighting, and other alternate technologies.

3.

Offsets. Correction of an existing visual problem identified within the viewshed of the same scenic resource as the proposed activity may qualify as an offset for visual impacts when an improvement may be realized. Offsets may be used in sensitive locations where significant impacts from the proposal are unavoidable or other forms of mitigation might not be practicable. An example of an offset might be the removal of an existing abandoned structure that is in disrepair to offset impacts from a proposal within visual proximity of the same scenic resource. Offsets can also include visual improvements to the affected landscape, such as tree plantings or development of scenic overlooks.

H.

Design Standards. All development subject to this chapter shall comply with the following requirements:

1.

Placement of Structures.

a.

To ensure the placement of structures outside of the exposed ridgeline area on proposed building lots, building sites, including areas of cleared vegetation, shall be clearly designated on the site plan. Constructed structures shall not differ in any direction from building site locations shown on an approved subdivision and/or site plan at the time of building permit application.

b.

Structures shall be sited at the lowest elevation possible to be as visually inconspicuous as possible when seen from a distance and from lower elevations. In no case shall development occur along and/or project above ridgelines when viewed from the locations identified in subsection L of this section.

2.

Restrictions on Height. Within the RLO, no principal or accessory structure with a building height of greater than twenty-five (25) feet shall be constructed unless visual cross sections or other appropriate methods demonstrate that the subject structure could be constructed with a building height greater than twenty-five (25) feet, in conformance with the bulk and density control schedule requirements identified within Section 17.16.020 without unduly impacting ridgelines and scenic view sheds.

3.

Visibility. All structures shall be sited to avoid, eliminate, or alter the project's effect on the scenic or aesthetic resource, or which occupy or obstruct public views of land within the RLO to the greatest extent practicable. Public views shall be considered to be from any location listed in subsection L of this section. These locations are frequented by the public and offer unobstructed views of the town's ridgeline landscapes. Visibility shall be measured using a condition of no leaves on trees.

4.

Colors. Structures should blend in with natural surroundings through preferred use of stone and/or natural wood siding. In all cases, structures shall be constructed and maintained so predominating exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials repeat the colors found most commonly in the land and vegetation around the building (earth tone) and have a light reflective value of no more than sixty (60) percent.

5.

Vegetation. Existing vegetation within ridgeline areas shall be preserved to the maximum extent practicable. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. This section is not intended to limit forest management in ridgeline areas when practiced in accordance with environmentally sound and sustainable silvicultural principles.

6.

Landscaping. The applicant must submit for approval, a landscape plan prepared by a licensed landscape architect, showing the satisfaction and location of all vegetation requirements on the site. An applicant may request alternative placement of landscaping on certain lots if such placement provides adequate mitigation of the visual impact of the roofline of the principal structure.

a.

The area around each principal and accessory structure shall include at least one tree of a species with a mature height of at least thirty-five (35) feet for each two thousand five hundred (2,500) square feet of lot; provided, however, that this requirement shall not require any one-unit dwelling lot to contain more than eight trees unless growing naturally on the site.

b.

Trees installed to meet the requirements of this section must be of coniferous species, shall be a minimum of twelve (12) feet tall when planted, shall be planted a maximum of twenty (20) feet on center, and shall be planted before a certificate of occupancy is issued for the principal structure. If planting is not possible due to planting season or weather conditions, a temporary certificate of occupancy (CO) may be issued by the code enforcement officer, however, the temporary CO will expire one month into the planting season when all final planting must occur.

c.

Shrubs will be planted with a twenty-four (24) inches minimum size for those specified for spread, and thirty-six (36) inches minimum for those specified for height.

d.

Landscaping survivability shall be assured by bond determined by the planning board, for at least two years.

7.

Tree Cutting. All timber harvesting in the RLO shall comply with Chapter 5.16 (Timber Harvesting) of this code.

a.

If the regulations of the RLO district conflict with Chapter 5.16, the RLO regulations shall apply.

b.

Clear-cutting of all trees in a single contiguous area in an RLO district in excess of one-fourth of an acre in area shall be prohibited.

c.

Exceptions. This section shall not apply to:

i.

Christmas tree culture or other existing tree plantation;

ii.

Harvests conducted in accordance with a timber harvesting plan prepared pursuant to Section 480-a of the New York State Real Property Tax Law;

iii.

Tree clearing for farm purposes within agricultural districts established pursuant to New York State Agriculture and Markets Law;

iv.

Severe natural disturbances, which include fire, insect infestation, disease, ice, and wind. Removal under these circumstances must first receive approval from the code enforcement officer;

v.

Removal of timber stands that, if partially harvested according to accepted silvicultural practice, are at high risk for wind throw due to factors such as soils, rooting depth, crown ratio, or stem quality;

vi.

Ecologically appropriate improvement or creation of wildlife habitat, with accompanying prescription and justification from a certified wildlife professional, a New York State Department of Environmental Conservation Forester, a member of the New York Institute of Consulting Foresters, or a cooperating consultant forester.

8.

Lighting. Exterior lighting in the RLO shall be controlled in both height and intensity and shall be in conformance with the following requirements:

a.

The preparation of a complete lighting plan by a registered landscape architect, or by a lighting engineer if required by the planning board.

b.

Under no circumstances shall the light level at any lot line exceed 0.2-foot candle, measured at ground level.

c.

Floodlights shall not be used to light any portion of a principal or accessory structure facade, and all outdoor light sources mounted on poles or buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded cutoff light fixtures.

d.

For purposes of this section, a "full cutoff light fixture" is one in which no more than two and one-half percent of the total output is emitted at ninety (90) degrees from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries and all such fixtures must come from the directory of fixtures approved by the International Dark Sky Association.

9.

Parking.

a.

Parking lots for nonresidential and multi-unit residential uses shall be provided with screened parking wholly at the side and/or rear of the structures, provided such an arrangement does not create a significant visual effect.

b.

Parking is provided at the side of the structures, at least a ten-foot-wide landscaped area (exclusive of that required for sidewalks or utility easements) shall be provided between the road right-of-way and the parking lot, to be planted with shade or ornamental trees and at least a three-foot-high evergreen hedge, wall, or fence.

c.

At least one tree and three shrubs shall be provided for each eight parking spaces in interior areas of a parking lot, whether such lot is provided at the side or rear of the structures.

d.

Parking for single-family dwellings shall be provided at the side and/or rear of the principal structure, provided such an arrangement does not create a significant visual effect.

10.

Screening. Vegetation, topography, and architectural features shall be used to buffer and screen.

a.

Clearing of existing vegetation at the edge of the road shall be minimized, except to create road and driveway entrances with adequate sight distance. Curved driveways shall be used to increase the screening of buildings.

b.

Buildings shall be sited so that they do not protrude above treetops or the ridgelines of hills as seen from public places and roads. This shall not be interpreted to mean that the buildings should not be seen, only that they should not protrude above the trees or the hilltops.

c.

All electric, telephone, television, and other communication lines, both main and service connections, servicing new development, shall be provided by underground wiring within easements of dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

11.

Dimensional Regulations. The following dimensional regulations shall apply to development within the RLO:

a.

All subdivisions of land within the RLO, shall, whenever possible, be developed in accordance with the town's cluster residential development regulations, in accordance with this Chapter 17.28 and New York State Town Law.

b.

Nonresidential buildings and multi-unit dwellings shall be sited in clusters.

c.

No building shall exceed seven thousand five hundred (7,500) square feet unless the structure is to be used exclusively for agricultural purposes.

d.

The maximum lot coverage on any parcel proposed for subdivision or development shall be twenty (20) percent. Such restrictions shall be shown on any subdivision plat.

e.

Maximum building height requirements shall apply to the peak of the roofline except for cupolas or turrets as well as silos or barns when used in conjunction with agricultural operations, which may exceed the maximum building height.

12.

Drainage and Prevention of Soil Erosion. No site plan, building permit, or subdivision plat shall be approved unless such approval includes soil erosion and sediment control measures, prepared in accordance with the standards described in Section(s) 17.36.090 and 99.02.010 Appendix I, Stormwater Management Guidelines for New Developments of the Town Code, or manuals in common usage, such as the New York State Department of Environmental Conservation's Reducing the Impacts of Stormwater Runoff from New Development or the New York State Soil and Water Conservation Committee's New York Guidelines for Urban Erosion and Sediment Control. Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition or approval.

I.

Referral. The town's ridgeline areas contain significant wildlife habitats, including those frequented by endangered and threatened species. To receive assistance in its review of applications, the applicable reviewing board may refer the proposed plan to the state department of environmental conservation and/or the New York Natural Heritage Program for its review and recommendations. To receive further assistance, such reviewing board may refer the proposed plans to any such agencies or officials of the town, county, state, or federal government as the board may deem appropriate.

J.

Waiver. The planning board, may waive some or all of the regulatory requirements of this section in the RLO under any of the following circumstances:

1.

The structure or area within the RLO is situated so the structure does not create a significant visual impact that needs to be mitigated, when viewed from visually sensitive areas, including public view locations identified as important views in the town comprehensive plan or subsection I of this section;

2.

The work to be done is of a minor nature and is consistent with the design standards set forth herein.

3.

The use involves commercial agricultural operations and pursuits as defined by the state department of agriculture and markets.

K.

Determination. It is the responsibility of the applicant to demonstrate that the proposed design does not unreasonably interfere with existing scenic and aesthetic uses, and thereby diminish the public enjoyment and appreciation of the qualities of a scenic resource, and that any potential impacts have been minimized. The board's determination of impact is based on the following visual elements of the landscape:

1.

Landscape compatibility, which is a function of the sub-elements of color, form, line, and texture. Compatibility is determined by whether the proposed activity differs significantly from its existing surroundings and the context from which they are viewed such that it becomes an unreasonable adverse impact on the visual quality of a protected natural resource as viewed from a scenic resource;

2.

Scale contrast, which is determined by the size and scope of the proposed activity given its specific location within the viewshed of a scenic resource; and

3.

Spatial dominance, which is the degree to which an activity dominates the whole landscape composition or dominates landform, water, or sky backdrop as viewed from a scenic resource.

In making a determination within the context of this rule, the board considers the type, area, and intransience of an activity related to a scenic resource that will be affected by the activity, the significance of the scenic resource, and the degree to which the use or viewer expectations of a scenic resource will be altered, including alteration beyond the physical boundaries of the activity. In addition to the scenic resource, the board also considers the functions and values of the protected natural resource, any proposed mitigation, practicable alternatives to the proposed activity that will have less visual impact, and cumulative effects of frequent minor alterations on the scenic resource. An application may be denied if the activity will have an unreasonable impact on the visual quality of a protected natural resources as viewed from a scenic resource even if the activity has no practicable alternative and the applicant has minimized the proposed alteration and its impacts as much as possible through mitigation. An "unreasonable impact" means that the standards, purpose, and intent of this law will or cannot be met.

L.

Scenic Resources. The following public natural resources and public lands are usually visited by the general public, in part with the purpose of enjoying their visual quality. Under this law, the board considers a scenic resource as the typical point from which an activity in, on, over, or adjacent to a protected natural resource is viewed. This list of scenic resources includes, but is not limited to, locations of national, state, or local scenic significance. A scenic resource visited by large numbers who come from across the country or state is generally considered to have national or statewide significance. A scenic resource visited primarily by people of local origin is generally of local significance. The list of places where the intent of this section is to protect the viewshed includes, but not limited to:

1.

The National Soaring Museum and Harris Hill;

2.

The Palisades area;

3.

The Chemung River and future Chemung River Greenway;

4.

Community Park, Miniers' Fields and Sperr Park;

5.

Elmira/Corning Regional Airport;

6.

New York State Route 352;

7.

New York State Route 17/Interstate 86;

8.

Tanglewood Nature Center;

9.

Any Rails to Trails areas;

10.

Any National or State Parks located in the town;

11.

A property on or eligible for inclusion in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended;

12.

Public natural resources or public lands visited by the general public, in part for the use, observation, enjoyment, and appreciation of natural or cultural visual qualities.

M.

Appeal. Article 78 proceedings:

1.

The applicant or any interested person may appeal a decision of the planning board on a RLO permit.

2.

The appeal shall be made to the state supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules of New York State.

3.

Any such proceeding shall be commenced within thirty (30) days of the approval with or without conditions or denial of the RLO permit that is subject to such review proceeding.

(LL No. 1, 2021, § 1)