Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE IX
Natural Resources Overlay Zone
§ 305-55 Purpose.
The purpose of the Natural Resources Overlay Zone (sometimes referred to in this chapter as a "NROZ") is to protect public health, safety, and general welfare and to implement the goals and objectives of the Village's Comprehensive Plan pertaining to the Village's environmentally significant landscape features, including, but not limited to, wetlands, streams, steep slopes, native vegetation, etc. The NROZ designation seeks to balance the rights of property owners to use their property for reasonable purposes while also ensuring on behalf of all Village residents that such use does not result in a significant loss or degradation of the Village's natural resources and the benefits which they provide.
§ 305-56 Establishment and location.
A.
The Natural Resources Overlay Zone described in this article shall be an overlay to the existing underlying zoning districts as shown on the Village's Official Zoning Map, may be established in any zoning district, and shall be subject to the requirements set forth in this article and to any special conditions imposed by the Village's Board of Trustees which shall supersede the requirements set forth in this article.
B.
Land and water areas encompassed by the Natural Resources Overlay Zone are set forth in the Village of Cayuga Heights Natural Resources Maps (the "Natural Resources Maps") accompanying this chapter, dated February 6, 2018, and signed by the Village Clerk. Said maps and all explanatory matter thereon and amendments thereto are hereby made a part of this chapter and are on file in the Village offices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Boundaries of land and water areas shown in the Natural Resources Maps are approximate and subject to field verification by licensed professionals. Should a dispute arise between the property owner and the Village's Code Enforcement Officer concerning the boundaries of the land or water areas, the property owner shall seek site plan approval from the Village's Planning Board. In all cases, the burden of proof and submission of technical evidence to the Planning Board shall be the responsibility of the property owner.
§ 305-57 General provisions.
A.
In those areas of the Village where the Natural Resources Overlay Zone applies, its provisions shall be imposed in addition to the requirements of the underlying zoning district. In the event that a conflict exists between the overlay and underlying zoning district regulations, the more restrictive provision shall apply to the area of overlap.
B.
The Natural Resources Overlay Zone is composed of four subzones which consist of the following:
(1)
Intermittent streams as mapped by the United States Geological Survey (USGS) as well as streamside buffers associated with these streams. All mapped streams in Cayuga Heights are currently defined by the USGS as intermittent streams.
(2)
Steep slopes equal to or greater than 15% slope or grade for a minimum run of 30 horizontal feet.
(3)
Wetlands, including, but not limited to, lands categorized as wetlands by either the New York State Department of Environmental Conservation (NYSDEC), the National Wetlands Inventory (NWI), the United States Army Corps of Engineers (USACE), or Tompkins County, or lands that have been documented and mapped as wetlands by a qualified professional under guidelines established by the USACE and NYSDEC. No lands categorized and mapped as wetlands by the NYSDEC or the NWI currently exist in Cayuga Heights.
(4)
Unique natural areas as defined by the Tompkins County Environmental Management Council (EMC).
(5)
In the event that two or more subzones overlap, the subzone with the most restrictive provision shall apply to the area of overlap.
C.
No site plan shall be approved by the Village's Planning Board which provides for construction or other disturbance of land in environmentally sensitive areas, including, but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without significant adverse environmental effects upon such areas. Nothing in this article is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government.
§ 305-58 Intermittent streams.
A.
The minimum buffer width for all intermittent streams is 20 feet measured directly perpendicular in a horizontal plane on either side of the top of the stream bank.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Should a steep slope equal to or greater than 15% for a minimum run of 30 horizontal feet or a streamside wetland exist within the riparian buffer, the entirety of that area will be added to the measurement of the riparian buffer. Delineation is required for streamside wetlands that have been previously identified as well as for the areas where streamside wetlands may exist due to the presence of hydric soils or wetland plant indicators.
C.
The following activities are prohibited in the riparian buffer:
(1)
New construction of buildings, parking areas, or other structures on or after the effective date of this article, except fences and walls in compliance with the requirements of Article XIV;
(2)
Storage or placement of any hazardous materials detrimental to public health, safety, or welfare;
(3)
Sewage systems, including drain fields and raised systems;
(4)
Purposeful introduction of invasive plant species as referenced in the "Regional Invasive Species List" produced by the Tompkins County Environmental Management Council (last updated in 2009), or in "New York State Prohibited and Regulated Invasive Plants" (last updated in 2014);
(5)
Waste storage and disposal, including, but not limited to, disposal and dumping of snow and ice, recyclable materials, manure, hazardous or noxious chemicals, used automobiles or appliance structures, and other abandoned materials;
(6)
Mining or removal of soil, sand and gravel, and quarrying of raw materials;
(7)
Dredging, deepening, widening, straightening or any such alteration of the beds and banks of natural streams except where the New York State Department of Environmental Conservation has issued a permit expressly allowing such activities;
(8)
Application of herbicides or pesticides except as follows:
(a)
Control of nonnative invasive plant species, in accordance with product label instructions and pursuant to applicable New York State laws and regulations; and
(b)
Protection of human or animal safety, in accordance with product label instructions and pursuant to applicable New York State laws and regulations;
(9)
Application of phosphorus fertilizer except in accordance with the New York State Environmental Conservation Law § 17-2103.
D.
The following uses or activities are permitted in the riparian buffer:
(1)
The maintenance or repair of buildings, structures, and parking areas existing at the time of the adoption of this article;
(2)
The replacement, renovation, or restoration of buildings, structures, and parking areas existing at the time of the adoption of this article, provided that the following conditions are met:
(a)
The footprint of the building, structure, or parking area within the buffer is in the same location and has the same or smaller dimensions; and
(b)
Best management practices are employed to reduce to the greatest practicable extent adverse impacts on the buffer area and intermittent stream.
E.
The following uses or activities are permitted in the riparian buffer, but only if such uses or activities do not modify or disturb more than 10% of the entire buffer area unless deemed necessary by the Village's Planning Board for the protection of human health, utility usage, public infrastructure, or the betterment of the riparian corridor:
(1)
Benches or seating;
(2)
Implementation of educational and scientific research that does not negatively impact the native vegetation;
(3)
Flood control, stormwater management structures, and stream bank stabilization measures approved by the Tompkins County Soil and Water Conservation District, Natural Resource Conservation Service, United States Army Corps of Engineers, or New York State Department of Environmental Conservation;
(4)
Maintenance and repair of roadways or impervious surfaces existing at the time of the adoption of this article;
(5)
Stream crossings necessary to access the property by driveway, transportation route, or utility line which are designed to minimize negative impacts to the stream and riparian buffer;
(6)
Public water supply intake or public wastewater outfall structures;
(7)
Public sewer lines and/or other utility easements;
(8)
Techniques to remove invasive species;
(9)
Nonpaved recreational trails no wider than 10 feet that either provide access to the stream or are part of a continuous trail system running roughly parallel to the stream;
(10)
Limited tree cutting, forestry or vegetation management done in accordance with the New York State Forestry Best Management Practices for Water Quality — BMP Field Guide and in consultation with the Village Forester. Tree cutting may not compromise the integrity of the stream bank or negatively impact the function of the riparian buffer. Any tree cutting must retain at a minimum 50% of the tree canopy in the riparian buffer at all times.
F.
In the event the owner of any property located in the Village determines to undertake an activity or improvement contrary to the requirements of this § 305-58 for which there is no practicable alternative, or that such activity or improvement serves a public need where no feasible alternative is available, said owner shall apply to the Village's Planning Board for site plan review in accordance with the procedures set forth in Article XVII.
§ 305-59 Steep slopes.
A.
No area with slopes greater than or equal to 25% for a minimum run of 30 horizontal feet and a minimum area of 500 square feet shall be disturbed, developed, or redeveloped, including, but not limited to, by the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation that could impair the stability of the slope with the exception of invasive plant species.
B.
Where slopes are greater than or equal to 15% for a minimum run of 30 horizontal feet and a minimum area of 500 square feet not contained within a riparian buffer, no area with such slope may be developed without site plan approval by the Village's Planning Board in accordance with the procedures set forth in Article XVII, which site plan review shall consider whether environmental concerns, including, but not limited to, soil erosion, sedimentation of water bodies, increased stormwater runoff and flooding potential, and degradation of wildlife habitat, have been adequately addressed and that the disturbance of the steep slope area is necessary for the proposed development.
C.
Slope percentages shall be calculated for each two-foot contour interval by using one of the following resources or methods:
(1)
On-site measurement of slopes by registered professional engineers, surveyors, or landscape architects, using accepted engineering practices;
(2)
Use of a United States Geological Survey (USGS) digital elevation model (DEM) or Town of Ithaca two-foot topographic data; or
(3)
Other resources or methods determined by the Village's Planning Board to be of similar or greater accuracy than those listed above.
§ 305-60 Wetlands.
A.
Nothing in this section shall permit construction or other activities in wetland areas and/or associated buffer areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government.
B.
Disturbance or damage to wetlands and/or associated buffer areas due to construction or other activities shall be avoided wherever possible to preserve the benefits provided by wetlands.
C.
The following regulated activities have the potential to cause a substantial adverse effect on wetland values and functions:
(1)
Any form of draining, dredging, excavation or removal of soil, mud, sand, shells, gravel or other aggregate material;
(2)
Any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly;
(3)
Erecting any structures or roads, the driving of pilings or placing of any other obstructions, whether or not changing the ebb and flow of the water;
(4)
Any form of pollution, including, but not limited to, draining or discharging into the wetland a stormwater or sewer outfall, sewage treatment effluent, or any other wastes;
(5)
Installation of any pipes, wells, service lines or cable conduits;
(6)
Alteration or modification of natural drainage patterns or contours;
(7)
Construction of docks, pilings, bridges, dams, or other water control devices whether or not they change natural drainage characteristics;
(8)
Any other activity that alters the natural hydrology of the wetland.
D.
No person shall conduct a regulated activity within a wetland area greater than 500 square feet or an associated buffer area within 50 feet of such wetland area without first obtaining site plan approval from the Village's Planning Board in accordance with the procedures set forth in Article XVII and complying with any terms and conditions required by the Planning Board.
E.
Any regulated activity approved by the Planning Board shall disturb the minimum wetland area reasonably necessary for its completion. The Planning Board shall have the authority to require remediation of any disturbed wetland area consistent with best management practices and to impose compensatory mitigation for any impacts or losses pursuant to guidelines established by the United States Army Corps of Engineers or the New York State Department of Environmental Conservation.
F.
Site plan review by the Village's Planning Board is not required for the following activities within a wetland area or an associated buffer area, provided such activities do not constitute a pollution or erosion hazard or interfere with natural hydrology, and do not require structures, grading, fill, draining or dredging for which site plan approval may be required:
(1)
Normal ground maintenance, including mowing and trimming of vegetation, but excluding removal of vegetation that may cause erosion or sedimentation;
(2)
Repair and maintenance of existing decorative landscaping and planting;
(3)
Repair and maintenance of existing walkways, walls, and driveways;
(4)
Essential activities to promote public health, safety, and the well-being of persons and property.
G.
Wetland boundary delineation. All wetland areas subject to site plan review by the Planning Board that are without a United States Army Corps of Engineers (USACE) jurisdictional determination or a New York State Department of Environmental Conservation (NYSDEC) boundary determination shall be delineated by field investigation and flagging by a qualified professional approved by the Planning Board, under guidelines established by the USACE and NYSDEC, unless the requirement for delineation is waived by the Planning Board. Delineations shall be valid for a period not to exceed five years from the date of delineation.
§ 305-61 Unique natural areas.
Any area within a unique natural area may not be developed without site plan approval by the Village's Planning Board in accordance with the procedures set forth in Article XVII, in which the Planning Board shall consider the criteria used by the Tompkins County Environmental Management Council (EMC) in the EMC's delineation of a UNA.