There shall be created a protective use district hereinafter referred to as the Escarpment District encompassing and including those lands which are described below, which district shall extend north and south of the escarpment shelves, and as described and located on "the Zoning Map of the Town of Cambria" by Wendel Duchscherer, Engineers, including amendments thereto, which map is on file with the Town Clerk of the Town of Cambria and is incorporated by reference herein.

Said District is and was described generally as follows referencing owners of the properties as noted on said map:

BEGINNING at a point 300 feet north of the intersection of Upper Mountain and Lockport Junction Roads and thence westerly parallel with the Upper Mountain Road to a point on the northwest corner of land owned by D. Meyer and thence continuing westerly to a point 1,360 feet south of the Lower Mountain Road on the Blackman Road; thence continuing westerly to a point 2,000 feet south of the Lower Mountain Road on the Cambria-Wilson Road and thence continuing westerly to the intersection of the Upper Mountain Road and Shawnee Road and thence westerly along the center line of the Upper Mountain Road to its intersection with the center line of the Cambria Lewiston Townline Road; traveling thence northerly along the center line of the Cambria Lewiston Townline Road to its intersection with the center line of the Lower Mountain Road; thence easterly along the center line of the Lower Mountain Road to the southeast corner of property owned by W. S. Schnell which is also 1700 feet west of the Baer Road; thence southeasterly to a point on the Baer Road which is 2,444 feet south of the Lower Mountain Road; thence easterly to a point from the center line of the Shawnee Road which is 3,400 feet south of the Lower Mountain Road; thence continuing easterly to a point on the Cambria Road which is 562 feet south of the center line of the Lower Mountain Road; thence northerly 562 feet to the center line of the Lower Mountain Road; thence easterly along the center line of the Lower Mountain Road to its intersection with the Thrall Road; thence continuing easterly along the center line of the Thrall Road to a point on the northwest corner of lands owned by R. D. Berry; thence continuing easterly to a point on the Lockport Junction Road which is 3,000 feet north from its intersection with the Upper Mountain Road; thence southerly to the point or place of beginning.

Grading of existing lanes or driveways by owners for farm or personal use.

Tapping of maple trees.

Planting of open land for agricultural or landscaping purposes.

Construction of farm ponds subject to § 288-1100A(1)(u) herein. Due to the unique nature of the escarpment, any application for a building permit for a farm pond shall be accompanied by a geotechnical report prepared by a New York State licensed professional engineer in such detail and with such other information as may be required by the Town, which shall review the application and accompanying documentation to determine whether or not the application is complete. Said report shall adequately address subsoil conditions, identify and assess the impact of the proposed pond upon natural water springs and ground water patterns and provide recommendations for mitigating negative impacts, if any, upon surrounding properties. The Town shall consult with the Town Engineer as needed in its review of the foregoing.

Reforestation.

Grazing of livestock for agricultural purposes only.

Building of homes or structures is permitted in the escarpment district. However, no home or structure shall be constructed, nor shall there be permitted storage of equipment, vehicles, machinery or debris of any kind, less than 80 feet from the south edge of the escarpment shelf (defined as the southerly boundary of steep rock land within the Escarpment District as described in the Niagara County Soils survey report published by the U.S. Agriculture Soils Conservation Service as having a slope of more than 15%) nor less than 80 feet from the northerly edge of the escarpment base (defined as the northerly boundary of steep rock land within the Escarpment District as described in the Niagara County Soils survey report published by the U.S. Agriculture Soils Conservation Service as having a slope of more than 15%).

Home occupations.

General clearing of wooded areas, the intentional destruction of living trees and top cutting (cutting off the top portion of a living tree) is prohibited in this district. However, selective clearing of heavily wooded areas shall be permitted, as hereinafter stated. The Building Inspector of the Town of Cambria may issue a permit for selective clearing of such areas, when in the opinion of the Building Inspector, such clearing is necessary for an aesthetic or some other legitimate purpose, and upon the payment to the Town of Cambria of a fee as set by resolution of the Town Board.[1] Any permit granted pursuant to this section shall specifically enumerate or otherwise describe by tree diameter which living trees may be removed by applicant. Nothing hereunder shall be construed to prohibit the removal of fallen dead trees in the escarpment district, for which no permit hereunder shall be required.

Relocation, filling or piping of natural drainage ways for the purpose of constructing homes, structures or septic systems is prohibited.

Any use except as permitted herein shall be prohibited.

The minimum square footage of a single-family residence in the escarpment district shall be 1,800 square feet.

No construction of any kind shall be permitted within the escarpment district until the prospective builder has obtained a permit. The Building Inspector shall be furnished with drawings and/or information indicating the location, design and size of the construction, and that the proposed construction complies in all respects with the provisions of this article. Submittals to the Building Inspector shall include the following: