Hamlin City Zoning Code
ARTICLE V
Special Purpose Districts
§ 520-21 SR District (Shoreline Residential).
[Amended 12-2-1991 by L.L. No. 6-1991; 3-4-1992 by L.L. No. 2-1992; 9-20-1994 by L.L. No. 3-1994; 2-10-1997 by L.L. No. 1-1997; 8-14-2000 by L.L. No. 3-2000; 3-12-2001 by L.L. No. 1-2001; 2-11-2008 by L.L. No. 2-2008; 4-9-2012 by L.L. No. 1-2012; 2-25-2015 by L.L. No. 3-2015; 9-24-2025 by L.L. No. 3-2025]
A.
Statement of purpose.
(1)
The Shoreline Residential District (SR) provides for the continuation of existing residential uses located along the Lake Ontario shoreline within the Town Hamlin. The district also recognizes that there are significant environmental constraints in the shoreline area which must be addressed to promote the public health, safety and welfare. This district is designed to incorporate the concerns of the New York State Coastal Erosion Hazard Areas Act[1] by ensuring that future construction, expansion or reconstruction along the lakeshore is undertaken in a manner which minimizes the potential damage to structures from the effects of shoreline erosion. This district recognizes the critical public importance of ensuring that water bodies are protected from pollution by inadequately sited or malfunctioning septic systems by addressing density of future development. This district also recognizes the unique scenic character of the Lake Ontario shoreline and the importance of maintaining view lines to the lake from the Lake Ontario State Parkway, as well as views of the shoreline from the lake, by ensuring that future development will not obstruct view lines.
(2)
It will also ensure that development and land use activities along the shorelines of Sandy Creek are consistent with the policies and objectives of the Town of Hamlin's Local Waterfront Revitalization Program (LWRP).
B.
Permitted uses.
(2)
Accessory structures/uses. Accessory uses and structures, with the exception of flood and erosion protection structures, shall not be located in the waterside yard in order to preserve views of Lake Ontario from the shoreline and views of the shoreline from Lake Ontario.
(a)
Detached private garages and carports, subject to the restrictions in § 520-27, except that the side setback requirement set forth in § 520-27C shall not be applicable. The side setback for detached private garages and carports shall be determined pursuant to § 520-21C(2)(b).
(c)
Fencing, subject to the restrictions in § 520-29, and provided that it does not detract from water views.
(e)
Noncommercial radio, television, satellite dish or citizens band antennas, subject to the restrictions of § 520-33.
(i)
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
(j)
Secondary uses subject to the restrictions as outlined under secondary use permit.
C.
Dimensional requirements.
(2)
Front (waterside), side and rear (roadside) setbacks.
(a)
Minimum rear setback is 25 feet.
(d)
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
(4)
Maximum building height.
(a)
The maximum building height for a single-family dwelling shall not exceed 35 feet, as measured from the ground level to the highest point of the roof. The Zoning Board of Appeals may grant a variance permitting a maximum height in excess of 35 feet only following issuance of site plan approved by the Planning Board. The Planning Board shall not issue site plan approval unless it determines that the additional height is necessary for the functioning of the building, that the structure can be sited to preserve views, and that existing vegetation and such additional vegetation as the Board may require will provide adequate screening of the structure from the Lake Ontario State Parkway and from adjoining properties. In no case however, shall the maximum height be exceeded by more than 20%.
(5)
Maximum lot coverage with impervious surface = 25%.
D.
Additional regulations and requirements.
(2)
Landscaping and buffering are subject to the restrictions in § 520-45 and the following:
(a)
Landscaping shall be maintained in a healthy condition, and diseased or dead plantings shall be replaced with specimens of approved type and size.
(b)
Parking areas shall be landscaped around their perimeter to buffer the view of the parking area from adjacent properties, the Lake Ontario State Parkway and Lake Ontario. Landscaping shall provide a year-round buffer.
(4)
One permitted principal building and use shall be allowed per lot.
§ 520-22 R/CW District (Residential/Commercial Waterfront Development).
A.
Statement of purpose. The Residential/Commercial Waterfront Development District established in this section is designed to encourage the development and maintenance of appropriate water-dependent and water-enhanced uses along Sandy Creek. This district recognizes the significance of Sandy Creek as an environmental, recreational, economic and scenic resource. The district is also designed to prevent the degradation of the significant coastal fish and wildlife habitat at Sandy Creek by controlling the location and intensity of uses and by providing development guidelines for these uses. As a result, this district promotes the health, safety and general welfare of the Town of Hamlin. The purposes of this district include the following:
(1)
To ensure that development and land use activities along the shorelines of Sandy Creek are consistent with the policies and objectives of the Town of Hamlin's Local Waterfront Revitalization Program (LWRP).
(2)
To encourage and facilitate water-dependent recreational development on Sandy Creek and to provide sufficient space in appropriate creek-side locations for recreational activities, certain commercial activities and other water-dependent and/or water-enhanced uses, in order to meet the various recreational needs of the Town of Hamlin's present and future populations.
(3)
To recognize the sensitivity of Sandy Creek as a unique environmental and recreational resource and to protect this area from environmentally destructive uses and activities.
(4)
To provide for a desirable mix of water-oriented commercial uses and active and passive recreational opportunities that take advantage of the unique location and characteristics of the Sandy Creek area.
(5)
To encourage development that is appropriately designed and in harmony with its environment and that does not conflict with the preservation of the natural beauty of the Town's waterfront area.
(6)
To promote the most desirable and appropriate use of land and direction of building development based upon consideration of land and soil characteristics and other natural features, environmental constraints, neighborhood characteristics and overall community needs, to protect the character of the district, to conserve the value of land and buildings and to protect the Town's tax revenue base.
(7)
To encourage a flexibility of design, preservation of unique environmental features and maintenance of the aesthetic quality of waterfront areas by establishing minimum dimensional requirements for permitted principal uses, and permitting the review of other pertinent design aspects of proposed projects.
(8)
To preserve, to the maximum extent practicable, the existing vegetation and natural features of Sandy Creek and to prevent, as much as possible, problems of erosion, sedimentation and drainage both during and after construction.
(9)
To protect waterfront areas, as much as possible, against excessive volumes of vehicular traffic flow and safety problems related to such vehicular traffic flow.
(10)
To protect waterfront areas against congestion, as much as possible, by regulating the density of population and intensity of land use and by requiring the provision of open space for rest and recreation wherever practicable.
(11)
To promote the maintenance and/or extension of public access to the creek, when practical and feasible, where such access relates to and is compatible with the primary purpose of the proposed development or activity.
B.
Permitted uses.
(2)
Principal uses permitted subject to the following standards in addition to special use permit approval by the Planning Board:
(a)
Yacht clubs and marinas, provided that:
[2]
The design of marinas and yacht clubs shall minimize the need to dredge. In addition, dredging and dredge spoil disposal shall not adversely impact surface or groundwater quality, aquatic and upland habitats, historic or archaeological resources, visual quality or navigation in adjacent areas. In the case of excavated marinas, the impact on groundwater levels in adjacent upland areas will be taken into consideration.
[3]
Marina and yacht club basin design shall promote maximum flushing and exchange of waters to minimize accumulation of contaminants and sediments. This will entail giving consideration to prevailing winds and currents and, in the case of excavated marina basins, to the grading at the basin and the shape of its perimeter.
[4]
Upland portions of the marina or yacht club project shall be designed to address stormwater runoff so as to prevent the contamination of the marina basin.
[5]
In the construction of excavated marinas, excavated material should not be allowed to enter adjacent water bodies. All marina basin excavation should be done prior to basin flooding. A dike shall be maintained between the excavation site and adjoining open water. Dikes shall be kept in place until completion of basin construction. This shall include stabilization of exposed earth banks around the basin.
[6]
All designs for marinas and yacht clubs shall be reviewed and approved by a licensed professional engineer.
(b)
Marine service and repair facilities, provided that:
[1]
Dismantled boats, engines, all parts or supplies, goods, materials, refuse, garbage or debris shall be fully screened from view from the road and from Sandy Creek.
[2]
Boat maintenance activities, including washing, sanding, painting, draining bilge water and servicing motors shall not discharge wastewater or other substances into any water body, nor shall any waste materials be disposed of in such a manner that they run over ground and into a water body. The operator shall demonstrate that wastewater and boat/engine maintenance residues will be contained and handled to prevent pollution of coastal waters.
[3]
Outdoor storage of boats, equipment or similar uses shall be screened using evergreen plantings, berms, fences or a combination thereof.
(c)
Commercial excursion and charter fishing facilities. Adequate provision for fish cleaning stations and entrails disposal must be made.
(d)
Retail sale or rental of boating or fishing supplies.
(e)
Public recreation, including boat launches, fishing access and environmental education facilities.
(f)
Enclosed rack storage of boats, provided that they are screened from view and from public rights-of-way and from Sandy Creek by permanent year-round vegetation.
(g)
Combinations of the special permit uses listed above, based on a determination by the Town Planning Board that such combinations are appropriate for the purpose and intent of the R/CW District, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP).
(3)
Accessory structures/uses.
(a)
The following accessory uses are permitted in the district, provided that they are incidental to a single-family residence:
[3]
Fencing, subject to the restrictions in § 520-29, and provided that it does not detract from water views.
[5]
Noncommercial radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
[Amended 2-10-1997 by L.L. No. 1-1997]
[6]
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.[2]
[Amended 5-8-2017 by L.L. No. 3-2017]
[2]
Editor's Note: Original § 125-32B(3)(a)[7], Customary home occupations, which immediately followed this subsection, was repealed 8-2-2011 by L.L. No. 4-2011.
[7]
Tennis courts and similar private recreational uses or facilities, subject to the restrictions in § 520-42.
[10]
Off-street parking, subject to the restrictions of § 520-44. A reasonable reduction in the size and number of parking spaces required for a given project may be permitted by the Planning Board during the special use permit process, where it can be demonstrated that such a reduction will not create overflow parking problems or traffic congestion, and provided that the additional space will be used for landscaping or open space within the site. Such a reduction shall be permitted by the Planning Board on a case-by-case basis.
(b)
The following accessory uses are permitted in the R/CW District, provided that they are incidental to a special permit use listed in Subsection B(2) above:
[1]
Storage structures shall not exceed 15 feet in height and shall be screened from the view of neighboring properties and water bodies with evergreen vegetation, berming, fencing or a combination thereof.
[3]
Snack bars.
(4)
Accessory uses subject to special use permit:
[Added 2-11-2008 by L.L. No. 2-2008]
C.
Dimensional requirements [must meet all the following, Subsection C(1)(a) to (d)].
[Amended 2-10-1997 by L.L. No. 1-1997]
(2)
Front, side and rear setbacks.
(a)
Minimum front (waterside), side and rear (roadside) setbacks.
(b)
These minimum requirements may be increased by the Planning Board during special use permit approval in order to ensure the protection and preservation of unique and sensitive environmental features and the maintenance of the general character of the Sandy Creek shoreline, scenic views and vistas, and the specific goals established for the district.
(c)
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(4)
Maximum building heights.
(a)
Maximum building heights for principal buildings in Subsection B(1) shall not exceed two stories or 40 feet, whichever is higher, as measured from ground level to the highest point of the roof.
(b)
Maximum building heights for principal buildings in Subsection B(2) above shall not exceed 45 feet, as measured from ground level to the highest point of the roof, with the exception that the maximum height for an enclosed rack storage of boats shall not exceed 15 feet and shall be screened from view from public rights-of-way, and from the creek, by permanent year-round vegetation.
(5)
Maximum lot coverage with impervious surfaces: 30%.
D.
Additional regulations and requirements.
(1)
The following additional requirements shall apply to uses within the R/CW District:
(a)
Natural vegetation shall be maintained to the greatest extent practicable and supplemented as necessary with other plant material.
(b)
Landscaping and buffering are subject to the restrictions of § 520-45 and the following:
[1]
Landscaping shall be maintained in a healthy condition, and diseased or dead plantings shall be replaced with specimens of a similar type and size.
[2]
Landscaping which serves as a buffer shall provide year-round screening. Berming and/or fencing may be used in conjunction with vegetation to provide screening.
[3]
Parking areas shall be landscaped to buffer them from adjacent properties. Where the Planning Board has permitted a reduction that will not create overflow parking problems, the additional space will be used for landscaping or open space within the site.
[4]
Trees with a diameter or caliper of three inches or greater shall be retained on the site to the maximum extent practicable.
[5]
Natural vegetation shall be maintained in the required creek-side setback to preserve fish and wildlife habitat, to reduce erosion and sedimentation and to attenuate pollutants.
(2)
The following general standards shall apply to special permit uses within the district:
(a)
The construction of water-dependent facilities shall be undertaken only if they do not impair water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, or otherwise threaten the public health and safety.
(b)
The amount of grading, dredging, earthmoving, and disturbance of land and wetlands above and below water during the construction of any structures and facilities shall be minimized and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and the standards contained in the Town of Hamlin Local Waterfront Revitalization Program.
(c)
Access from uplands through wetlands to reach open waters should be above wetlands on piers of sufficient height to allow light penetration and free movement of water.
(d)
Upland design shall include as much porous land surface and vegetative cover as possible to prevent stormwater runoff and contaminated waters from reaching coastal waters or wetlands. Buffer zones of natural vegetation shall be established and maintained between property development and any waterways or wetlands and, where applicable, in accordance with specific provisions of this chapter.
(e)
In all phases of development (design, construction and operation), best management practices will be implemented to protect and safeguard the natural resources and ensure the environmental integrity of the affected area.
(f)
The location of a marina boat launch ramp, docking facility or other water-dependent or water-enhanced use shall not prevent public access to public lands and navigable waters or hinder safe navigation.
(g)
Public services, including sewerage, water, access from public roads and power supply shall be adequate for new or expanded water-dependent or water-enhanced uses.
(h)
The size and draft of boats to be accommodated by marinas or dockage in Sandy Creek shall be determined by the depth, configuration and capacity of Sandy Creek to accommodate boats so dredging is minimized and motor propellers will not be less than 12 inches from the creekbed during low water cycles.
(i)
Consistency with the policies of the Local Waterfront Revitalization Plan.
(3)
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
§ 520-23 WR/OS District (Waterfront Recreation and Open Space).
A.
Statement of purpose. The purpose of this district is to encourage those uses suited for water-related recreation and to protect the important natural resources found along the waterfront. The district recognizes that the Town of Hamlin's waterfront is a significant recreational resource and should be so encouraged and maintained in the future.
B.
Permitted uses.
(2)
Principal uses permitted subject to special permit approval by the Planning Board:
(a)
Boat launches.
(b)
Overnight accommodations of all types.
(c)
Boat liveries, provided that any enclosed storage of boats is screened from view from public rights-of-way and from Sandy Creek by evergreen vegetation.
(d)
Charter services.
(e)
Clubs with a water-related purpose (fishing, boating, conservation).
(f)
Service facilities associated with water-related/water-enhanced uses.
(g)
Nature trails.
(h)
Interpretive centers.
(3)
Accessory structures/uses:
[Amended 2-10-1997 by L.L. No. 1-1997]
(a)
Storage structures, subject to the restrictions of § 520-31, and shall also be screened from the view of neighboring properties and water bodies with evergreen vegetation, berming, fencing or a combination thereof.
(b)
Snack bars.
(c)
Off-street parking, subject to the restrictions in § 520-44. A reasonable reduction in the size and number of parking spaces required for a given waterfront project may be permitted by the Planning Board during the special use permit process, where it can be demonstrated that such a reduction will not create overflow parking problems or traffic congestion and that the additional space will be used for landscaping or open space within the site. Such a reduction shall be permitted on a case-by-case basis.
(f)
Radio, television, satellite dish, and citizens band antennas, subject to the restrictions in § 520-33.
(h)
Other facilities, such as parking and rest rooms, would be restricted to ensure that district areas are not damaged by overuse.[1]
[1]
Editor's Note: Original § 125-33B(3)(i), Bed-and-breakfast operations, added 3-4-1992 by L.L. No. 2-1992, which immediately followed this subsection, was repealed 2-11-2008 by L.L. No. 2-2008.
C.
Dimensional requirements [must meet all the following, Subsection C(1)(a) to (c)].
[Amended 2-10-1997 by L.L. No. 1-1997]
(2)
Minimum front (waterside), side and rear (roadside) setbacks.
(a)
Minimum rear (roadside) setback: 50 feet.
(b)
Minimum side setback: 30 feet.
(c)
Minimum front (waterside) setback: 50 feet from mean high water, plus any setback required to comply with New York State Coastal Erosion Hazard Areas Act.[2] Water-dependent uses, including bulkheads, docks and piers, are not subject to the front (waterside) setback regulations.
(d)
These minimum requirements may be increased by the Planning Board during special use permit approval in order to ensure protection and preservation of unique and sensitive environmental features, maintenance of the general character of the shoreline, scenic views and vistas, and the specific goals established for this district.
(4)
Maximum lot coverage with impervious surfaces: 25%.
D.
Additional regulations and requirements.
(1)
The following general standards shall apply to special permit uses within this district:
(a)
Natural vegetation shall be maintained to the greatest extent practicable and supplemented as necessary with other plant material.
(b)
Water-dependent facilities shall be constructed only if they do not impair water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the water surface or shoreline or otherwise threaten the public health and safety.
(c)
Any earthmoving activity or land disturbance above and below water during any construction shall be minimized and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and the standards found within the Town of Hamlin Local Waterfront Revitalization Program.
(d)
Access from uplands through wetlands to reach the shore and/or open water should be via piers/boardwalks of sufficient height to allow light penetration and free movement of water.
(e)
With any upland construction, the design shall include porous land surface and vegetative cover sufficient to prevent stormwater runoff and contaminated waters from reaching coastal wetlands or water. Buffer zones of natural vegetation shall be established and maintained between property development and any waterways or wetlands.
(f)
Best management practices, as described in Chapter 6 of the NYSDEC Stream Corridor Management, A Basic Reference Manual, will be utilized during all phases of development to protect and safeguard the natural resources and to ensure the environmental integrity of the affected areas.
(g)
The location of a boat launch ramp, docking facility or other water-dependent or water-enhanced use shall not prevent public access to public lands and navigable waters or hinder safe navigation.
(h)
Public services, including sewerage, water, access from public roads and power supply, must be adequate for new or expanded water-dependent or water-enhanced uses.
(i)
Any action shall be consistent to the maximum extent practicable with the Town of Hamlin Local Waterfront Revitalization Plan.
(2)
Landscaping and buffering shall be subject to the restrictions in § 520-45 and the following:
(a)
Landscaping shall be maintained in a healthy condition, and diseased or dead plantings shall be replaced with specimens of a similar type and size.
(b)
Landscaping which serves as a buffer shall provide year-round screening. Berming and/or fencing may be used in conjunction with vegetation to provide screening.
(c)
Parking areas shall be landscaped to buffer from adjacent properties. In the event the Planning Board determines that a reduction in the number of required parking spaces would not create overflow parking issues, the Planning Board shall issue a written recommendation that parking be reduced by a specific number of spaces. In the event such a recommendation is issued, the applicant shall apply to the Zoning Board of Appeals for a variance from the parking requirements in accordance with the Planning Board recommendation. In the event a variance is granted, the Planning Board may require that the additional space not required for parking will be used for landscaping or open space within the site.
[Amended 3-12-2001 by L.L. No. 1-2001]
(d)
Trees with a diameter or caliper of three inches or greater shall be retained on the site to the maximum extent practicable.
(e)
Natural vegetation shall be maintained in the required creek-side setback to preserve fish and wildlife habitat values, to reduce erosion and sedimentation and to attenuate pollutants.
(f)
All uses shall maintain, to the maximum extent practicable, natural vegetation within the creek-side setback, identified in the conservation district.
(3)
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
§ 520-24 C/O District (Conservation Overlay).
A.
Statement of purpose.
(1)
The purpose of the Conservation Overlay District is to provide special controls to guide land development along stream corridors, wetlands and water bodies in the Town of Hamlin. The district encourages planning and development of land which will protect and preserve sensitive environmental areas; protect such development and land from periodic flooding; minimize soil erosion, sedimentation and slope failure due to removal of vegetation, dredging, filling, damming or channelization; prevent degradation or loss of wetlands; protect scenic views and natural character of the area; and prevent activities which will cause water pollution.
[Amended 11-4-1992 by L.L. No. 9-1992]
(2)
The Conservation Overlay District regulations are not intended to be substituted for other zoning district provisions. The requirements of an overlay district are to be superimposed on the primary zoning district provisions and are considered as additional requirements to be met by the applicant, prior to project approval.
B.
Delineation of district boundaries.
(1)
The location and boundaries of the Conservation Overlay District shall be delineated on the Official Zoning Map of the Town of Hamlin.
(2)
The boundaries of the Conservation Overlay District shall be as follows:
(a)
Along Sandy Creek, Yanty Creek, Brush Creek, Cowsucker Creek and West Creek 100 feet from each bank or to the landward boundary of the one-hundred-year flood zone, whichever is greater.
[Amended 11-4-1992 by L.L. No. 9-1992]
(b)
Along the Lake Ontario shoreline, 100 feet from the mean high waterline or to the landward boundary of the one-hundred-year flood zone, whichever is greater.
(c)
Around all remaining wetlands, water bodies and streams as shown on the Official Town of Hamlin Wetlands Map. The boundaries shall be 200 feet from those areas as mapped.
[Amended 11-4-1992 by L.L. No. 9-1992]
(d)
Around newly created wetlands and water bodies having a size greater than two acres, the boundaries shall be 200 feet from the edge of the wetland or water body.
[Added 11-4-1992 by L.L. No. 9-1992]
(3)
Approximately every five years the Official Town of Hamlin Wetlands Map shall be reviewed by the Hamlin Conservation Board, which will make recommendations to the Town Board for the deletion or addition of areas to the Map.
[Added 11-4-1992 by L.L. No. 9-1992]
C.
Regulated activities. No person shall be issued a building permit or other necessary Town permit to conduct any of the following regulated activities within the C/O District in the Town of Hamlin without first applying for and obtaining a conservation development permit pursuant to the requirements of this section. Agricultural operations, provided that they are located within an agricultural district or have entered into an individual commitment pursuant to Article 25AA of the Agriculture and Markets Law, are not required to obtain a conservation development permit.
(1)
Construction of new buildings or structures or additions to or modifications of existing buildings or structures.
(2)
Construction or placement of any on-site sewage disposal system, including individual sewage disposal systems.
(3)
Filling, cutting or excavation either on land or within a watercourse.
(4)
Removal of natural vegetation.
(5)
Discharge of stormwater and/or construction and placement of a private commercial or municipal stormwater runoff system.
(6)
Outside storage of materials and equipment used in the conduct of a business.
(7)
Activities which would alter the natural flow pattern of any of the aforementioned creeks.
(8)
Construction of public or private roads, trails and bridges.
(9)
Boat-launching sites and fishing access parking areas.
D.
Additional regulations and requirements.
(1)
Development standards and permit conditions.
(a)
In approving, denying or placing conditions on an application for a conservation development permit, the Planning Board shall consider the effect that the proposed regulated activity will have on the public health, safety and welfare and on the protection or enhancement of the fragile and environmentally sensitive lands within the district.
(b)
No permit to undertake a regulated activity within the district shall be issued by the Planning Board unless it determines that the proposed project complies with the following standards:
[1]
The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats, freshwater wetlands and coastal waters by construction activities, stormwater runoff, septic and sewage systems and any other activity on the site, including any activity that degrades water quality, increases temperature or turbidity, alters water depths, reduces flows or would adversely affect the fisheries' resources. These impacts would be especially detrimental during fish spawning periods (late February to July for most warm-water species and steelhead, and September to November for most salmonids). Discharges of sewage or stormwater runoff containing sediments or chemical pollutants (including fertilizers, herbicides or insecticides) would adversely impact fish or wildlife species.
[2]
To the greatest extent practical, a natural vegetative buffer of 100 feet shall be retained adjacent to wetlands, water bodies and stream channels to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats and to protect scenic qualities.
[Amended 11-4-1992 by L.L. No. 9-1992]
[3]
Site preparation, including stripping of vegetative cover or grading, shall be undertaken so that the amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water is limited. During construction, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. Finally, disturbed soils shall be stabilized and revegetated.
[4]
Adequate measures shall be taken to minimize flooding and erosion hazards through nonstructural means and appropriate siting of structures. Long-term structural measures shall be used only upon demonstration that habitat and hydrologic factors will not be adversely affected.
[5]
The project shall provide adequate measures to protect surface water and groundwater from direct or indirect pollution and from overuse.
[6]
Fill shall not encroach on natural watercourses, constructed channels, wetlands or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.
[7]
Roads, trails and walking paths along water bodies shall be sited and constructed so they are not a source of runoff and sedimentation. Further, such roads, trails and walking paths shall be constructed and sited in such a manner as to maximize the visual opportunities on a water body while maintaining the scenic qualities of the water body.
[8]
No new dock, boat-launching site or fishing access facility shall be constructed unless it is shown that it will not impede the natural flow of the streams to which this section applies, and will be located and constructed so as to minimize its intrusion into the streams and avoid adverse environmental impact and unreasonable impacts upon public use of the waters. New structures, except for water-dependent uses, bridges and fishing access parking areas, shall not be constructed within 25 feet of the bank of the stream.
[9]
Stormwater runoff shall not be directly discharged into wetlands, nor shall pollutants of any type be discharged into wetlands.
[10]
All wetland vegetation, including that within the one-hundred-foot buffer area, shall be maintained to the greatest extent practicable. Dredging, site construction or any development activity should not disturb wetlands either by direct removal of vegetation or substrate, by the alteration of adjacent slopes that would undermine the stability of the substrate or by filling or dumping any material, either directly or indirectly.
[11]
Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.
[12]
The elevation of the wetland shall not be altered.
[13]
If bulkheading is required for filled land or for soil stabilization adjacent to a wetland, the bulkhead should be located upland from the wetland. Bulkheads should not block the surface and subsurface flow of freshwater to the wetland.
[14]
No material shall be deposited onto a wetland.
[15]
No part of a septic system, including the taper, shall be located within 150 feet of the one-hundred-year floodplain of Sand Creek, Yanty Creek, Brush Creek, Cowsucker Creek or West Creek, nor shall any part of a septic system, including the taper, be located within 150 feet of all remaining wetlands, water bodies, streams and Lake Ontario. This distance shall be measured from mapped edge, not the Conservation Overlay boundary.
[Amended 11-4-1992 by L.L. No. 9-1992]
[16]
Access from uplands through wetlands to reach open waters should be above the wetlands on piers of sufficient height to allow light penetration and the movement of waters.
[17]
New structures shall be designed and constructed in accord with erosion control standards and stormwater control standards contained in Chapter 6 of the NYSDEC Stream Corridor Management Manual on pages 65 to 93.
[18]
Unnecessary obstruction of public and semipublic access to the waterfront shall be avoided.
(2)
Permit procedure.
(a)
A conservation development permit shall be required subject to the provisions of this section and prior to the issuance of any building permit for any regulated activity in the designated C/O District within the Town of Hamlin.
(b)
Applications for conservation development permits shall be made to the Planning Board on forms available in the office of the Building Inspector. Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Planning Board, including but not limited to a scaled site plan prepared and certified by a licensed engineer or land surveyor, that contains the following:
[1]
A location plan and boundary survey of the property.
[2]
The location of all Conservation Overlay District boundaries; designated Town open space; Town, county, state or national parkland; or other similar areas within and/or adjacent to the property.
[3]
The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains on the property or within 200 feet of the proposed work site.
[4]
The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property or within 200 feet of the proposed work site.
[5]
Existing and proposed contour levels at one-foot intervals for the property.
[6]
The location of all trees having a caliper of three inches or more. In addition, important areas of vegetation, such as wetlands, shall also be shown.
[7]
A planting plan showing the location of all proposed new plantings and the integration of existing vegetation into the final site design.
(c)
All nonresidential development shall show the location of all existing and proposed drainage patterns, drainageways, swales, etc., within and/or adjacent to the property.
(d)
Where site plan review or special permit review coincides with the issuance of a conservation permit, the Planning Board may determine to combine the required minimum information into a single site plan.
(e)
The Planning Board shall not issue a conservation development permit without having first been presented with a determination by the Conservation Board. If applicable, the Waterfront Advisory Committee shall determine if the proposed activity is consistent, to the maximum extent practicable, with the Town of Hamlin Local Waterfront Revitalization Program (LWRP).
[Amended 3-4-1992 by L.L. No. 2-1992]
(f)
The Planning Board shall have the authority to approve or deny a conservation development permit, subject to the standards contained in this section. Any permit issued in accordance with the provisions of this section may be issued with conditions. Such conditions, as are deemed necessary, may be imposed to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the policies and provisions of this section. Every permit issued pursuant to this section shall contain the following conditions:
[1]
The Town Building Inspector, Town Engineer and/or other appropriate Town official shall have the right to inspect the project from time to time.
[2]
The permit shall expire on a particular date.
[3]
The permit holder shall notify the Building Inspector or other appropriate Town official of the date on which project construction is to begin, at least five days in advance of such date.
[4]
The conservation development permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
(g)
Suspension or revocation of permits. The Building Inspector may suspend a permit (temporarily) until such time as the Planning Board reviews the suspension. The Board, upon recommendation of the Building Inspector or other appropriate Town official and subject to a majority vote of the Board, may suspend or revoke a development permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the final plans approved by the Board. The Planning Board shall set forth, in writing, its findings and reasons for revoking or suspending a permit issued pursuant to this section and shall forward a copy of the findings to the applicant.
(h)
The Town has authority to require posting of a performance bond to insure performance.