Greenfield City Zoning Code
ARTICLE X
Overlay District Requirements
§ 105-111 Earth Material Extraction Overlay District (EME).
A.
Statement of purpose. The Town recognizes that natural sand, gravel, rock and mineral resources are necessary and beneficial to the economy of the Town and the welfare of its citizens. The purpose of the Earth Material Extraction Overlay District is to ensure that utilization and reclamation of these resources are done in a manner compatible with other land uses, in conformance with the Town's goal of maintaining the rural character and quality, and done in a way which minimizes potential hazards to the health, safety and general welfare of Town residents.
B.
Applicability. The standards of the Earth Material Extraction Overlay District (EME) shall apply to all lands shown on the Official Earth Material Extraction Overlay District Zoning Map of the Town of Greenfield as being located within the Earth Material Extraction Overlay District.
C.
Permitted uses. Any use permitted in the underlying zoning district shall be permitted in the Earth Material Extraction Overlay District.
D.
Accessory uses. Any accessory use permitted in the underlying zoning district shall be permitted in the Earth Material Extraction Overlay District.
E.
Special uses. Any use permitted with a special use permit in the underlying zoning district shall be permitted in the Earth Material Extraction Overlay District. In addition, except when incidental to the construction of a building on the same lot, the excavation, processing or sale of earth, sand, gravel, clay or other natural mineral deposits or the quarrying of any kind of rock formation hereafter may be carried out only after the issuance of a special use permit in accordance with Article VI[1] and in accordance with all additional standards of this section.
F.
Space and bulk standards. All associated space and bulk requirements in the underlying zoning district remain. In that case, the side yard setbacks do not apply. In addition, the following standards apply to any operation involving the excavation, processing or sale of earth, sand, gravel, clay or other natural mineral deposits or the quarrying of any kind of rock formation:
(3)
Front setback, all uses: 200 feet.
(4)
Minimum side yard, all uses, except where two mines abut one another on adjoining properties: 100 feet. In the case where two mines abut one another on adjoining properties, no side yard setback is required.
(5)
Minimum rear yard, all uses: 100 feet.
(6)
Maximum lot coverage ratio: 0.15.
(7)
Maximum building height: 50 feet.
G.
Additional standards. Any building, structure or use of land or the creation of new lots within the Earth Material Extraction Overlay District shall comply with the following standards:
(2)
The slope of material in such earth, sand, gravel, clay or other natural mineral deposits shall not exceed the normal angle of repose of such material.
(3)
The top and the base of such slopes shall not be nearer than 100 feet to any property line nor nearer than 100 feet to the right-of-way of any street or highway.
(4)
A plan for the restoration and rehabilitation of a commercial earth excavation area or borrow pit shall accompany the application for a permit and shall assure conformance with the public health, safety and welfare. The plan shall include but not be limited to all of the following.
(a)
A regrading plan at a contour interval of not less than five-foot contours.
(b)
Revegetation and stabilization techniques to be employed.
(c)
Erosion control measures.
(d)
Stormwater and runoff control measures.
(e)
Impacts of truck traffic from the proposed operation.
(f)
A review of noise and visual impacts as deemed appropriate by the Planning Board.
(5)
A reclamation bond, escrow account or other approved bonding mechanism must be submitted prior to approval of a special permit; said reclamation bond or an acceptable substitute is to be determined by the Town Board and will represent the estimated cost to the Town for reclamation of the affected land should the permittee fail to complete the reclamation plan.
(6)
An amended application is required for any significant changes in the mining operation, such as an addition of land to be affected by mining, major changes in stockpile or processing areas, changes in mining equipment or processing facilities and any changes in the mining or reclamation objectives. Amended plans may result in an adjustment to the reclamation bond.
H.
Projects subject to DEC permit. For any project which is subject to the permit requirements of the New York State Mined Land Reclamation Law[3] and which has received a mined land reclamation permit from the New York State Department of Environmental Conservation, Planning Board review of the special permit application shall consider the preceding requirements of this section only to the extent that they are not preempted by the provisions of the Mined Land Reclamation Law. Denial of the special use permit or imposition of conditions on the special use permit by the Planning Board shall be limited to the following factors:
(1)
Ingress and egress to public thoroughfares controlled by the Town;
(2)
Routing of mineral transport vehicles on roads controlled by the Town;
(3)
Requirements and conditions as specified in the DEC mined land reclamation permit concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation, when such requirements and conditions are part of the DEC mined land reclamation permit;
(4)
Enforcement of reclamation requirements contained in the DEC mined land reclamation permit; and
(5)
Any other factors allowed under applicable state law.
[3]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
§ 105-112 Floodplain Management, Wetland Resource Conservation Overlay District (FMWRC).
A.
Statement of purpose.
(1)
The purpose of the Floodplain Management, Wetland Resource Conservation Overlay District is to regulate land development within flood hazard zones, wetlands and the Kayderosseras Creek area basin. Population growth, attended by housing, roads and other construction, along with increased demands on the Town's natural resources, has been found to be encroaching on, despoiling or eliminating many of the Town's wetlands, water bodies, watercourses and other natural resources and processes associated therewith.
(2)
The conservation, preservation and maintenance of these natural resources in any undisturbed and natural condition constitutes important physical, ecological, social, aesthetic, recreational and economic assets necessary to promote the health, safety and general welfare of present and future residents of the Town and of downstream drainage areas.
(3)
It is the intent of this district to provide for the protection, preservation, proper maintenance and use of the Town's water bodies, watercourses and wetlands by preventing or minimizing erosion due to flooding and stormwater runoff, flooding of downstream lands, maintaining the natural groundwater supplies, and preserving and protecting the purity, utility, water-retention capability, ecological functions, recreational usefulness and natural beauty of all water bodies, watercourses and wetlands and other related natural features of the terrain.
(4)
Specifically, the following objectives pertain:
(a)
To maintain, protect and enhance water quality and associated aquatic resources and water supply within the Kayderosseras Creek watershed.
(b)
To minimize the threat to life and the destruction of property and natural resources from flooding and preserve and/or reestablish natural floodplain hydrologic function.
(c)
To enhance the cultural, recreational and visual amenities of the Kayderosseras stream corridor.
(d)
To maintain, protect and enhance water quality and associated resources and water supply within the confines of wetlands within the Town.
B.
Applicability. In addition to the requirements of Chapter 57, Flood Damage Prevention, of the Code of the Town of Greenfield, New York, the following standards for the Floodplain Management, Wetland Resource Conservation Overlay District shall apply to any lands meeting any of the following criteria:
(1)
All lands within the one-hundred-year flood zone as determined by the Federal Emergency Management Agency.
(2)
The five-hundred-foot conservation buffer zone adjacent to the one-hundred-year flood zone or, where no one-hundred-year flood zone exists, measured from the center line of the stream.
(3)
All lands designated as New York State Department of Environmental Conservation regulated wetlands.
(4)
All lands designated as federally regulated wetlands by the United States Army Corps of Engineers.
C.
Permitted, accessory and special uses. All uses allowed in the underlying zoning district, including permitted uses, accessory uses and special uses, shall be permitted only as a special use in the Floodplain Management, Wetland Resource Conservation Overlay District. Each use shall require a special use permit in compliance with Article VI of this chapter; Chapter 57, Flood Damage Prevention, of the Code of the Town of Greenfield, New York; and the additional standards of this section. Within the five-hundred-foot buffer overlay, a special use permit is not required for a minor exterior structural addition or alteration (defined as an enclosed porch, deck, stairway or other similar facility).
D.
Space and bulk standards. Any building, structure or use of land within the Floodplain Management, Wetland Resource Conservation Overlay District shall comply with the space and bulk requirements of the underlying zoning district.
E.
Additional standards. Any building, structure or use of land within the Floodplain Management, Wetland Resource Conservation Overlay District shall comply with the following requirements:
(1)
No filling, grading, dredging, excavation or construction, other than permitted piers, docks and similar water-dependent uses, shall be allowed within the Floodplain Management, Wetland Resource Conservation Overlay District.
(2)
Within the Federal Emergency Management Agency Flood Hazard Zone, all new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(3)
All development shall be constructed and maintained in such a manner that no net reduction occurs in the flood-carrying capacity of any watercourse.
(4)
No development may take place within the five-hundred-foot conservation buffer zone unless such development is determined by the Planning Board to be in compliance with the following criteria:
(a)
That environmental resource constraints are fully considered in establishing land use patterns in the stream corridor.
(b)
That open space and visual amenities in rural areas are maintained and preserved by establishing and maintaining greenbelts along the stream corridor.
(c)
That development in the stream corridor is consistent with the historical and cultural character of the surroundings and fully reflects the need to protect visual amenities.
(d)
That disturbance of streambeds and streambank erosion are minimized and, where practical, eroding streambanks shall be restored to a natural or stable condition.
(e)
That runoff from development areas is controlled such that it does not unnecessarily increase the frequency and intensity of flooding at the risk of threatening life and property.
(f)
That the natural vegetative canopy along the stream corridor is maintained or restored to ensure that midsummer stream temperatures do not exceed tolerance limits of desirable aquatic organisms.
(g)
That accelerated enrichment of the stream corridor and contamination of waterways from runoff containing nutrients, pathogenic organisms, organic substances and heavy metals and toxic substances are minimized.
(h)
That any habitable structure shall be constructed with its lowest floor elevation at least one foot above the base flood elevation.
(i)
That any structure shall not cause increased velocities or obstruct or otherwise catch or collect debris which will obstruct flow under flood conditions.
(j)
That any structure shall be constructed and placed on any building site so as to offer the minimum obstruction to the flow of waters.
(k)
That any structure shall be firmly anchored to prevent flotation, collapse or lateral movement which may result in damage to other structures, restrictions of bridge openings and other narrowings of the watercourse.
(l)
That all new and/or replacement water supply and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters, including individual septic and well sources.
(m)
That service facilities, such as electrical and heating equipment, will be constructed at or above the base flood elevation for the particular area or shall be floodproofed.
(n)
That new construction and substantial improvements shall be constructed using materials, methods and practices that minimize flood damages.
(o)
That base flood elevation data is provided regardless of the proposed development size.
(p)
That other data or evidence as may be requested by the Planning Board pertaining to flood and site plan information has been submitted.
F.
Performance standards. The following performance standards apply to any land within the five-hundred-foot conservation buffer zone, in addition to the requirements of Article XI:
(1)
Agriculture.
(a)
Agricultural practices shall be conducted in such a manner that shall minimize soil erosion and contamination of surface waters by sedimentation, nutrient enrichment and fecal bacteria.
(b)
An untilled filter strip of natural vegetation shall be retained between the tilled ground and the normal high-water mark of the surface waters protected by this district, in accordance with a plan designed after New York State Department of Environmental Conservation guidelines for preventing erosion and sedimentation.
(2)
Clearing and noncommercial tree cuttings.
(a)
The clearing of trees and conversion to other vegetation is permitted for approved construction and landscaping. Where such clearing extends to the shoreline, a cleared opening(s) not greater than 25 feet in width for every 100 feet of shoreline (measured along the normal high-water mark) may be created. This opening applies to all areas up to 50 feet inland from the normal high-water mark and paralleling the shoreline. Where the natural vegetation is removed, it is to be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty. The total width of any opening to the shore shall not exceed 40 feet.
(b)
Tree cutting for noncommercial purposes is permitted, provided that no more than 50% of existing trees six or more inches in diameter, measured at five feet above ground level, are removed from any contiguous stand or grouping of trees. In no case shall the area of contiguous clearing exceed 7,500 square feet.
(3)
Erosion and sedimentation control.
(a)
On slopes greater than 15%, there shall be no grading or filling within 100 feet of the normal high-water mark, other than for road construction or water crossings, except to protect the shoreline and prevent erosion.
(b)
Filling, grading, lagooning, dredging, earthmoving and other land use activities shall be conducted in such a manner as to prevent, to the maximum extent possible, erosion and sedimentation loading of surface waters. Such activities shall incorporate the following practices:
[1]
As little bare ground as possible shall be exposed and for as short a time as is feasible.
[2]
Full use shall be made of temporary ground cover, such as mulch, and permanent cover, such as sod, to stabilize fill and disturbed areas.
[3]
Sediment shall be trapped by diversion ditches, silting basins, terraces, siltation fences, hay bale barriers and other devices.
[4]
The sides of channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter, unless bulkheads or riprapping are provided and the sides are stabilized to prevent slumping.
(4)
Wetland alteration.
(a)
No filling, dredging or other earthmoving shall be carried out within the limits of a wetland as identified by the New York State Department of Environmental Conservation (NYSDEC) except in connection with road construction as set forth under Subsection F.
(b)
Within 75 feet of any NYSDEC-designated wetland, the land shall be maintained in a natural vegetative state and no buildings, structures or impervious surfaces shall be placed or erected.
(c)
Within 100 feet of a NYSDEC-designated wetland, a NYSDEC permit shall be obtained for the placement of buildings, structures, subsurface drainage or impervious surfaces, prior to their placement or erection.
(5)
Roads and water crossings.
(a)
All cut or fill banks and areas of exposed mineral soil outside the roadbed within 75 feet of flowing streams or standing beds of water shall be revegetated or otherwise stabilized so as to reasonably prevent erosion and sedimentation of water bodies. Temporary erosion control measures, including siltation fences and hay bale barriers or other devices, will be installed where appropriate and/or required by the Town Engineer.
(b)
Road banks shall have a slope no greater than two horizontal to one vertical, extending back 75 feet from the normal high-water mark.
(c)
Drainage ditches are to be provided so as to effectively control water entering and leaving the road area within 75 feet of the normal high-water mark. Such drainage ditches will be properly stabilized so that the potential for unreasonable erosion is minimized.
(d)
To prevent road surface drainage from directly entering water bodies, roads and their associated drainage ditches shall be located, constructed and maintained to provide an unscarified filter strip, of at least the width indicated below, between the road and the normal high-water mark of a surface water body.
Average Slope of Land Between Road and Normal High-Water Mark | Width of Strip Between Road and Normal High-Water Mark (linear feet along surface of ground) | |
|---|---|---|
0 | 25 | |
10 | 45 | |
20 | 65 | |
30 | 85 | |
40 | 105 | |
50 | 125 | |
60 | 145 | |
70 | 165 |
NOTE: This requirement does not apply to road approaches to water crossings. |
(e)
Bridges and culverts shall be installed and maintained to provide an opening sufficient in size and structure to accommodate twenty-five-year storm frequency water flows.
(f)
Culverts used in water crossings shall be installed at or below streambed elevation, be seated on firm ground, have soil compacted at least halfway up the side of the culvert, be covered by soil to a minimum depth of one foot or according to the culvert manufacturer's specifications, whichever is greater, and have a headwall at the inlet end which is adequately stabilized by riprap or other suitable means to reasonably avoid erosion of material around the culvert. These standards do not apply to any water crossing or encroachment regulated by any county, state or federal body.
(6)
Subsurface sewage disposal. All subsurface sewage disposal facilities shall be installed in conformance with the State of New York Department of Health Standards for Individual Water Supply and Individual Sewage Treatment Systems as well as other appropriate State of New York and Town of Greenfield regulations. In addition, the following standards apply:
(a)
All subsurface sewage disposal systems shall be located in areas of suitable soil and size to meet state standards.
(b)
The minimum setback for subsurface sewage disposal facilities with design flows of 300 gallons per day or less shall be no less than 100 horizontal feet from the normal high-water mark of the regulated stream(s) or wetland. Systems with design flows of greater than 300 gallons per day shall have a minimum setback of 300 horizontal feet.
(7)
Timber harvesting. Commercial timber harvesting, other than for road building and water crossings or that in conjunction with development activities, is prohibited in the Floodplain Management, Wetland Resource Conservation Overlay District.
§ 105-113 Kayderosseras Ridge Overlay District (KROD).
A.
Purpose. The purpose of the Kayderosseras Ridge Overlay District is to protect the aesthetic, scenic and ecological character and nature of the Kayderosseras Ridge within the Town. This overlay district provides standards for regulating development on the Kayderosseras Ridge, in order to minimize structural intrusions upon the visual landscape, to prevent erosion and the degradation of water quality, to preserve important ecological resources, and to maintain the rural character and scenic beauty of the Town.
B.
Boundaries; site plan review required.
(1)
The boundaries of the Kayderosseras Ridge are depicted on the Town of Greenfield Zoning Map. They extend from an elevation of 1,000 feet above mean sea level to the top of the ridge. For the purposes of these regulations, if any portion of any parcel of land is located within the KROD, the entire parcel shall be considered within the district.
D.
Minimum lot size. The minimum lot size for all uses in the KROD shall be eight acres per principal permitted use and/or dwelling unit.
E.
Visibility. All structures proposed within the KROD shall be sited away from ridgelines. Wherever possible, structures shall be sited at lower elevations and close to existing roads and vegetation. In steeply sloped areas, structures shall be sited in a manner so as to minimize the amount of disturbance to slopes.
F.
Structure design. Structures shall be designed to blend in with the natural surroundings and landscaping.
(1)
Preferred use of natural wood siding and stone and the use of roofing materials with earth tone colors. Light, bright, and reflective materials shall be avoided on the exterior surfaces of structures.
(2)
Windows shall not occupy more than 50% of any building facade.
(3)
Roof slopes shall follow the natural contour of the land where possible.
G.
Lighting. The location, height, design, arrangement and intensity of outside lighting shall minimize glare and shall be directed and shaded such that light shall not be directed off site. Residential and nonresidential structures may be illuminated to the minimum extent required to provide safe ingress and egress to the structure.
H.
Structure screening. The applicant may be required to preserve existing vegetation or provide new plantings of native vegetation to screen structures.
I.
Existing vegetation. Vegetation shall be preserved to the maximum extent possible. Every attempt shall be made to limit the amounts of cutting necessary for either construction or the opening of views from the subject site so as to maintain the natural vegetation as a screen for structures as seen from public streets or parks and other public views.
J.
Buffer area. A buffer area having a minimum width of 25 feet shall be established along rear and side lot lines of any parcel proposed for development.
K.
All buildings, structures, and/or accessory elements of buildings and structures shall be limited to no more than 35 feet in height.
§ 105-114 Lake Desolation Overlay District (LDOD).
A.
Purpose. The purpose of the Lake Desolation Overlay District (LDOD) is to protect the water quality of Lake Desolation from pollution associated with sanitary sewage disposal systems.
B.
Boundaries. The boundaries of the LDOD are depicted on the Town of Greenfield Zoning Map.
C.
Water supply. Any public or private supply of water for domestic purposes must meet or exceed the standards of the New York State Department of Health and the Town of Greenfield.
D.
Sewage treatment and disposal. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows:
(1)
Publicly owned sewer systems must be used where available.
(2)
All private sewage treatment and disposal systems must meet or exceed the standards of the New York State Department of Health and the Town of Greenfield and shall be verified by a professional engineer for compliance with said standards.
[Amended 7-12-2007 by L.L. No. 2-2007]
(3)
All private sewage treatment and disposal systems which discharge sewage into the ground must be set at least 150 feet from the ordinary high-water mark of Lake Desolation and/or any tributary stream.
(4)
A sewage treatment system not meeting the requirements of this section must be replaced with a conforming system, any time a permit or variance of any type is required for any improvement on, or use of, the property.
(5)
In the event the property owner cannot comply with the provisions of this section by reason of the physical layout of the property, a variance must be obtained from the Board of Health. In evaluating the variance, the Board of Health shall consider the sewage treatment and water supply constraints of the lot and adjoining properties and shall deny the variance if adequate facilities cannot be obtained.
E.
Permitted uses. Any use permitted in the underlying zoning district shall be permitted in the Lake Desolation Overlay District.
[Added 7-12-2007 by L.L. No. 2-2007]