Fairport City Zoning Code
ARTICLE VIII
Limited Development District
§ 550-35 Establishment; purpose.
A.
Recognizing that variations in terrain, hydrology and soil conditions exist throughout the Village of Fairport, there are hereby established Limited Development Districts (LDD) which shall supersede area, density, setback and other provisions for all zoning districts under Article VII of this chapter.
B.
The purpose of the Limited Development District is to minimize the impacts of development activities on steep slopes in the Village of Fairport by regulating activities in such areas and by requiring review and permit approval prior to project commencement. The potential developmental impacts within the Limited Development District include soil erosion and sedimentation, destruction of vegetation, increased runoff rates and slope failure. The regulations contained in this district are designed to minimize the disturbance or removal of existing vegetation, prevent increased erosion and runoff, maintain established drainage systems, locate development where it is less likely to cause future slope failures and retain as much as possible the natural character of these areas.
§ 550-36 Delineation of district boundaries.
A.
The exact area of a Limited Development District shall be determined by the Planning Board only after larger scaled and more detailed maps are provided by applicants, and shall include those areas having a 15% or greater slope and a transition zone at the top of the slope defined as that area containing soil classes as defined in the Monroe County Soil Survey with moderate to severe limitations for development and recreational use as determined in a site-specific high-intensity soil survey.
B.
The Planning Board may consult other information, including but not limited to soil survey reports prepared by the Soil Conservation Service, topographic maps provided by the United States Geological Survey, field surveys and other appropriate sources, in order to more accurately locate and delineate LDD boundaries within said defined sector of the Village.
C.
The applicant may request a public hearing before the Planning Board with respect to delineation of the boundary of an LDD, and the procedure of such public hearing shall be governed by the provisions of Chapter 455, Subdivision of Land, of the Code of the Village of Fairport relating to approval of final subdivision plats.
§ 550-37 Exclusions.
The following areas are excluded from the LDD:
A.
Areas which meet the criteria for an LDD but which are both small and isolated from other LDD area. The determination as to whether an area is small and isolated shall be made by the Planning Board and shall be based on the specific characteristics of the site and the extent to which designation will achieve the purpose of the LDD ordinance. As a general guideline, an area is small if it can be contained in its entirety within a circle with a diameter of 50 feet. It is isolated if it is more than 25 feet from any other area which meets the criteria for an LDD.
B.
Areas which at one time met the criteria for an LDD but no longer meet the criteria due to disturbance by human activity where such disturbance took place prior to September 1, 1995, or was in accordance with an approved subdivision or site plan.
§ 550-38 Permitted uses.
The following uses shall serve as guidelines for permitted uses within an LDD, provided that they do not require structures, the creation of impervious surface, cut, fill or storage of materials and equipment:
A.
Agricultural uses such as general farming, dairying, grazing, Christmas or nursery tree farming or reforestation.
B.
Open space, trails and recreational uses such as wildlife study, hiking, hunting and fishing, provided that no extensive grading or road construction is required.
C.
Lawns, gardens and play areas that may be associated with nearby residential uses.
D.
Cutting and removal of dead or individual trees for the purpose of maintaining the health or viability of a wood lot or for safety.
§ 550-39 Conditional uses.
The following uses and their accessory uses may be permitted when authorized in accordance with this Article VIII and § 550-40, Special requirements:
A.
Nonhabitable structures associated with permitted uses.
B.
Single-family dwellings and their appurtenant utilities and accessory structures. The minimum lot size shall be three times the lot size required by the underlying zoning district in which the property is located. Lots partially within an LDD may be less than this minimum, provided that:
(1)
There exists a contiguous area on the lot outside the LDD which meets the area requirements of the underlying zoning district.
(2)
All setback requirements shall be measured from the edge of the LDD.
(3)
There is minimal or no disturbance of the LDD, and that disturbance is for the purpose of providing access and utilities to the lot.
C.
Roads, to the minimum extent required to access permitted and conditional uses, bridges, utility transmission lines, underground utilities, pipelines and water retention or detention facilities.
§ 550-40 Special requirements.
A.
Any use within an LDD not described in § 550-38, Permitted uses, requires compliance with the provisions for site plan review pursuant to Article VI of this chapter. The site plan documents shall show, in addition to matters required by Article VI, the following:
(1)
The identification of all LDD boundaries; designated Village open space; Village, town, county or state park land; or other similar areas within and/or contiguous to the property as defined by this section.
(2)
The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains and septic systems on the property.
(3)
The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property.
(4)
Existing and proposed contour levels at five-foot intervals for the property.
(5)
The location and types of all existing and proposed vegetation and shrub masses within and/or contiguous to the property.
(6)
The location of all existing and proposed drainage patterns, drainageways, swales, etc., within and/or contiguous to the property.
B.
When reviewing a site plan, the Planning Board shall also consider:
(2)
The extent to which the plans submitted for approval include specific measures which preserve the value and function of the LDD and the extent to which those measures will continue to preserve the value and function of the LDD, both during construction and thereafter. These specific measures shall perform in spite of normal variations in execution, scheduling, weather, site conditions or other variations which can affect the performance of those measures.
(3)
Specifically, the following standards:
(a)
That the stable angle of repose of the soil classes found on the site has been used to determine the proper placement of structures and other development related facilities within the plateau area. Site specific calculations of the stable angle of repose for the site are to be determined by a professional soil scientist or engineer using the soil classes and nomenclature contained in the Monroe County soil surveys and obtained for the site by borings as well as high intensity soil survey data provided by the applicant.
(b)
That the stability of soils will be maintained or increased to adequately support any construction thereon or to support any landscaping, agricultural or related activities. This shall be documented by soil bearing data provided by a qualified testing laboratory or engineer at the expense of the developer.
(c)
That no proposed activity will cause uncontrolled erosion or slipping of soil or cause sediment to be discharged off site.
(d)
That discharge of stormwater shall be controlled so as not to cause or increase erosion and sedimentation problems downstream or to cause any damage to or flooding of any facilities or property.
(e)
That plant life located on the slopes outside of the minimum area that needs to be disturbed for carrying on approved activities shall not be destroyed. Plants or other acceptable ground cover shall be reestablished in disturbed areas immediately upon completion of development activity so as to prevent any of the harmful effects set forth above.
(f)
That access down slopes shall be provided with ramp slopes no greater than 1:6 and side slopes no greater than 1:3 if not terraced or otherwise structurally stabilized. Disturbed nonroadway areas shall be stabilized with vegetation or other approved physical means. Completed roadways shall be stabilized and adequately drained.
(g)
That construction of erosion protection structures shall conform to the following:
[1]
All erosion protection structures shall be designed and constructed according to generally accepted engineering principles which have demonstrated success or a likelihood of success in controlling long-term erosion. Such engineering principles are contained in publications of the United States Soil Conservation Service. The protective measures proposed must have a reasonable probability of controlling erosion on the immediate site for at least 30 years.
[2]
A long-term maintenance program shall be included in any application for construction, modification or restoration of an erosion protection structure. Such programs shall include specifications for normal maintenance of degradable materials and the periodic replacement of removable materials.
[3]
All materials used in such structures shall be durable and capable of withstanding inundation, waive impacts, weathering and other effects of storm conditions. Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection.
[4]
The construction, modification or restoration of erosion protection structures shall not be likely to cause any measurable increase in erosion at the development site or other locations and prevent adverse effects to natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats.
(h)
Drainage of stormwater shall not cause erosion or siltation, contribute to slope failures, pollute groundwater or cause damage to or flooding of property. Drainage systems shall be designed and located to ensure slope stability.
(i)
Any grading, excavating or other soil disturbance conducted on a steep slope shall not direct surface water runoff over the receding edge of the slope during construction.
C.
No site preparation, alteration or construction shall commence until final site plan approval has been granted and any and all permits required by other agencies have been issued.
D.
Any plan which, if executed, would disturb or impact an LDD shall be referred to the Village Engineer for review. For that portion of the LDD affected by the plan, the Village Engineer shall identify those attributes which require protection or special treatment. The Village Engineer may make recommendations for that protection or special treatment.
E.
In order to achieve the objectives of this article, the Planning Board may require mitigation or special conditions which will further protect or enhance the LDD. In determining what the appropriate mitigation or conditions shall be, the Planning Board shall consider the value of the LDD in protecting water quality, habitat, protection from erosion and effect upon the overall site drainage. These factors shall be balanced against the development plans, the need for such development, the potential for success of the mitigation and the need for long-term protection from future encroachment within the LDD.