Lewiston Town City Zoning Code
ARTICLE XVII
Riverfront Overlay District
[Added 12-14-1987 by L.L. No. 7-1987]
§ 360-118 Description.
The Riverfront Overlay District shall include that strip of land situated between River Road and the Niagara River shoreline, extending from the northern boundary of the Village of Lewiston to the southern boundary of the Town of Porter.
§ 360-119 Intent.
In the interest of public health, safety and general welfare, the Riverfront Overlay District is intended to ensure development in basic accord with physical features encountered within the district. To this end, all development proposals shall strive for maximum retention of the natural features and qualities of the site, applying appropriate principles of land use planning, soil mechanics, geology, hydrology, civil engineering, architecture and landscape architecture. More specifically, this district is intended to:
A.
Ensure development which fits the topography, soils, geology, hydrology and other conditions existing on the proposed site.
B.
Ensure orienting the development to the site so that grading and other site preparation is kept to a minimum.
C.
Minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs.
D.
Preserve the beauty of the landscape by encouraging the maximum retention of natural features, such as drainage swales, streams, slopes, ridge lines, rock outcroppings, plant formations and trees.
E.
Encourage imaginative and innovative building techniques which are suited to sloping areas.
§ 360-120 Regulations.
A.
Permitted uses shall be any use permitted in the underlying (or primary) district.
B.
Yards required. Required yards shall be as regulated in the underlying district, except that front yards may be reduced by the Town Board in order to fit site conditions, but not to exceed 50% of that normally required.
C.
Required lot area. Required lot area shall be as regulated in the underlying district. Size of dwellings. Floor area and building height shall be as regulated in the underlying district.
D.
Site plan review.
(1)
All proposals for development in the Riverfront Overlay District shall be accompanied by an approved site plan (as regulated under Article XX), which shall be reviewed according to its conformance with the above statements of intent. In addition to its standard requirements, the site plan shall specifically provide for the following:
(a)
Soils: evaluate soil characteristics, including capabilities and limitations, with regard to such features as depth to bedrock, slope, soil stability, soil drainage and soil permeability.
(b)
Geology: investigate the geological characteristics of the area and determine the effect of geological conditions on the proposed development.
(c)
Hydrology: investigate the hydrological characteristics of the site and determine options and recommendations regarding the effect of hydrological conditions on the proposed development, with special regard to runoff, sedimentation and drainage systems.
(d)
Erosion: establish vegetation sufficient to stabilize the soil on all disturbed areas as each stage of grading is completed in order to minimize water-runoff and soil-erosion, and comply with any stormwater pollution prevention plan submitted pursuant to § 360-120D of this chapter.
[Amended 12-27-2007 by L.L. No. 3-2007]
(2)
Required plans. The following plans, as appropriate, shall accompany the site plan:
(a)
Erosion control plans to be utilized both during and after construction, including a stormwater pollution prevention plan (SWPPP) if required for the proposed development under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
[Amended 12-27-2007 by L.L. No. 3-2007]
(b)
A plan for any proposed alterations to the natural character of the shoreline.
(c)
The utilities plan, all utilities to be underground.
(d)
An improved grading plan.
(e)
A landscaping plan.
(3)
Required referrals. Any plans for development in the Riverfront Overlay District shall bear the comments of the Niagara County Soil and Water Conservation District or the Niagara County Soil Conservation Service prior to any Town approvals.
(4)
If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 360-120 of this chapter, the proposal shall not be approved unless the proposal and SWPPP comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]