Grand Island City Zoning Code
ARTICLE XXI
EED Enhanced Environment Overlay District
§ 407-91 Purpose.
[Amended 10-15-2012 by L.L. No. 3-2012]
A.
Recognizing the inherent ecological values of certain environmentally sensitive areas that define the quality of life in the Town of Grand Island, there are hereby established Enhanced Environment Districts (EED). The requirements of this article shall be in addition to those of the underlying districts.
B.
Because of these physical variations in the character of the land, different areas are intrinsically suited for different types and intensities of development. Development must be directed by the intrinsic character of the land in order that the health, safety, welfare and property of the citizens of the Town be protected and preserved. Proper and appropriate development is required for water and air quality, fish, wildlife and plant habitat in order to prevent the irretrievable loss of natural resources and to maintain the character of the community. As stated in the Town's Comprehensive Plan, the full range of preservation options should be considered for the management of the Town's six designated ecosystems. The purpose of this article is to protect the valuable ecosystems identified in the Comprehensive Plan and the Local Waterfront Revitalization Plan. In addition to those areas, portions of the Town to be protected are those containing or adjoining wetlands, those areas adjoining designated ecosystem areas, areas in floodplains, and any areas identified as home to any endangered or threatened species.
§ 407-92 Permitted uses.
A.
The following uses, if also allowed by the underlying zoning, shall serve as permitted uses within an EED, provided that they minimize new structures, the creation of impervious surfaces, excavation, fill or storage of materials and equipment.
(1)
Agricultural uses (as defined in this Code).
[Amended 3-29-2006 by L.L. No. 3-2006; 10-15-2012 by L.L. No. 3-2012]
(2)
Open space, trails and recreational use, environmental education, hiking, hunting and fishing, provided that no extensive filling of, or grading or road construction is required.
[Amended 10-15-2012 by L.L. No. 3-2012]
(3)
Lawns, gardens and play areas that may be associated with nearby residential uses.
(4)
Employment of recognized best management practices for the harvesting and thinning of trees to enhance or preserve woodlot viability or to effect the removal of individual trees, either alive or dead, for reasons relating to disease or safety.
[Amended 10-15-2012 by L.L. No. 3-2012]
(5)
Removal of nonnative or invasive plant species and replacement with native species that will enhance wildlife species production or diversity.
[Added 10-15-2012 by L.L. No. 3-2012]
(6)
Nonhabitable structures associated with uses permitted herein.
(7)
For single-family dwellings and their appurtenant utilities and accessory structures, the minimum lot size shall be five acres except where substantive acreage is set aside for the purpose of protecting the environmental resource values that formed the basis for the establishment of a specific EED, provided such acreage is in the interests of the people of Grand Island. The final decision on variations from the five-acre minimum lot size shall be made by the Town Board after review and consultation with the Town of Grand Island Conservation Advisory Board.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]
(8)
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.
(9)
Nonresidential uses, provided that no structures are built within the EED. The site plan approval shall require mitigation, where necessary, at a 2:1 ratio.
§ 407-93 Special requirements.
A.
Any use within an EED not specifically permitted by this article requires compliance with the provisions for site plan review. When reviewing a site plan, the Town Board shall also consider:
(1)
The impact of the proposal on the objectives outlined in this article.
(2)
The extent to which the plans submitted for approval include specific measures which preserve the value and function of the EED and the extent to which those measures will continue to preserve the value and function of the EED, both during construction and thereafter. These specific measures shall be performed in spite of normal variations in execution, scheduling, weather, site conditions or other variations which can affect the performance of those measures.
(3)
When a project proposes a nonresidential use that requires mitigation for disturbance of the EED, the applicant shall submit a mitigation plan to the Town for its review. When mitigation is proposed, the Town shall consider:
(4)
The Town shall consider the ecological and community-based values of surface waters, wetlands and the associated fish and wildlife habitat and the potential for the maintenance or enhancement of fish and wildlife populations when determining the applicability of mitigation.
[Amended 10-15-2012 by L.L. No. 3-2012]
(5)
Any plan which, if executed, would disturb or impact an EED shall be referred to the Town's Conservation Advisory Board for review. For that portion of the EED affected by the plan, the Conservation Advisory Board shall identify those attributes which require protection and special treatment and shall determine the essential minimal needs for mitigation. The Conservation Advisory Board may also make recommendations for the preservation, special treatment, enhancement or mitigation of the Town's environmental resources.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]
(6)
In order to achieve the objectives of this article, a board or official empowered to approve a plan may require mitigation or special conditions which will further protect the EED. In determining what the appropriate mitigation or conditions shall be, the Town shall consider the value of the EED as it relates to the protection of water quality, fish and wildlife habitat, erosion protection and the overall drainage infrastructure. These factors shall be considered in conjunction with the development plans, consistency with Town-wide goals, the need for such development, the potential for success of the mitigation and the need for long-term protection from future encroachment within the EED.
[Amended 10-15-2012 by L.L. No. 3-2012]
(7)
Any project in an EED requires an information meeting, unless such requirement is waived by the Town Board after conferring with the Conservation Advisory Board. An information meeting is a preapplication meeting with the applicant and representatives of the Town and its advisory boards to preliminarily review the proposed project and discuss relevant environmental and regulatory issues.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]