Lima Town City Zoning Code
ARTICLE XI
Environmental Protection Overlay Districts
§ 250-56 General provisions.
A.
Purpose and intent.
(1)
The purpose of the environmental protection overlay districts (EPODs) is to provide special controls to guide land development located in sensitive environmental areas within the Town. These districts and their associated regulations are designed to preserve and protect unique environmental features within the Town as much as possible, including but not limited to wetlands, steep slopes, floodplains, watercourses.
(2)
The regulations for each EPOD District are intended to be imposed in addition to those of the underlying zoning district. The purpose of these regulations is to provide the Town with an additional level of review and regulation for land development within sensitive or unique environmental areas.
(3)
Notwithstanding any provision of this chapter to the contrary, under no circumstances shall an EPOD development permit be issued for any explicitly prohibited use.
[Added 4-3-2014 by L.L. No. 2-2014]
B.
Establishment of districts. In order to implement the purpose and intent set forth above in this article, the following EPODs are hereby established:
EPOD 1 | Wetland Protection Overlay District | |
EPOD 2 | Steep Slope Protection Overlay District | |
EPOD 3 | Stream Corridor Protection Overlay District |
C.
Official maps. The locations and boundaries of all EPODs are delineated on an official set of maps on file in the Town Clerk's office. These maps are known as the "Official Town of Lima EPOD Maps" and include the New York State Department of Environmental Conservation Freshwater Wetland Maps for the Town of Lima and federally designated wetland maps. The Official Town of Lima EPOD Maps shall be used for reference purposes only and shall not be used to delineate specific or exact boundaries of the various overlay districts. The Town has the authority to amend or add to these Official EPOD Maps as necessary. Field investigations and/or other environmental analyses shall be required in order to determine whether a particular piece of property is included within one or more of the overlay districts.
D.
Interpretation of district boundaries.
(1)
The CEO shall be responsible for interpreting EPOD boundaries based upon an interpretation of the Official Town of Lima EPOD Maps, as well as the use of various criteria set forth in this article for determining such district boundaries. The CEO may request the assistance of the Town Engineer or other appropriate board in making a determination.
(2)
The requirements of the overlay district shall be met in addition to any requirements specified for development in the respective primary zoning district.
E.
EPOD development permit application procedures.
(1)
EPOD development permit. An EPOD development permit is required subject to the provisions of this section and prior to the commencement of any regulated activity or the issuance of any permit for regulated development.
(2)
The following activities are exempt from the permit procedures of this section, subject to a determination by the CEO or appropriate board that such activities involve necessary normal maintenance and upkeep of property, and/or are clearly incidental to the primary use on the property, and/or involve public health, safety or emergency situations:
(a)
Lawn care and maintenance.
(b)
Gardening activities.
(c)
Tree and shrub care and maintenance.
(d)
Removal of dead or deteriorating vegetation or trees.
(e)
Removal of structures.
(f)
Repair and maintenance of structures.
(g)
Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
(h)
Reconstruction of structures damaged by a natural disaster.
(i)
Customary agricultural activities in a county agricultural district.
(j)
Public health activities, orders and regulations of the New York State Department of Health, Livingston County Health Department or other public health agency.
(k)
Emergency activity which is immediately necessary for the protection and preservation of life, property or natural resource values.
(3)
Application for permit. Applications for EPOD development permits shall be made in writing to the CEO, on forms available in the Town Clerk's office. The 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 authorized official. The application shall be accompanied by a site plan map and other information as required for site plan approval found in Article IX of this chapter. Each application for an EPOD development permit shall be accompanied by the appropriate fee as determined by the Town Board. This fee shall be in addition to any other fees required.
(4)
Permit review.
(a)
For projects requiring site plan approval, the CEO shall refer the matter to the Planning Board in accordance with the site plan review provisions. The Planning Board shall consider the criteria for an EPOD permit as part of its site plan review and may issue the EPOD permit as part of site plan approval.
(b)
The Planning Board (for projects that require site plan review) or CEO (for all other projects) shall have the authority to grant or deny an EPOD development permit, subject to the standards, criteria and other regulations contained in this chapter.
(c)
Any development permit issued by the CEO or the Planning Board in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the purpose and intent and the specific provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:
[1]
The CEO or the Town Engineer and/or other designated Town official shall have the right to inspect the project from time to time.
[2]
The permit shall expire within six months of the date issued, if construction is not started, or within one year if there has not been a substantial amount of work completed after the start of construction.
[3]
The permit holder shall notify the CEO of the date on which project construction is to begin at least five days in advance of such date of construction.
F.
Requirement for letter of credit or certified check.
(1)
Following approval of an application for an EPOD development permit, and prior to the issuance of any building or other Town permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount to be established by the Town Board after review by the Town Engineer. Said instrument shall be sufficient to cover the costs of compliance, contingencies and inspection of the various specifications and conditions of the development permit. The purpose of the letter of credit or certified check shall be to ensure that all items, activities or structures specified in the plans approved by the authorized boards or agencies and by the Town are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town.
(2)
The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the CEO has certified that, based upon a site inspection, all specifications, requirements and permit conditions have been completed and/or complied with. At such time, the letter of credit or certified check shall be released to the applicant. Where the CEO finds noncompliance with permit conditions, said official may deduct or withhold an amount from the letter of credit or certified check sufficient to cover the cost of compliance with any requirements, specifications or permit conditions.
G.
Suspension or revocation of permits. The CEO may suspend a permit (temporarily) until such time as the board having jurisdiction reviews the suspension. The board having jurisdiction may suspend or revoke a development permit issued in accordance with the provisions of this article. Suspension or revocation shall be based upon 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. The CEO shall, in writing, notify the applicant of this finding and the reasons for revoking or suspending a permit issued pursuant to this article and shall forward a copy of said findings to the applicant.
H.
Conservation restrictions.
(1)
Where a proposed development or subdivision contains an area delineated on the Official Town of Lima EPOD Maps, the board considering the application has the right to restrict or prohibit the following activities within the EPOD portion of the site:
(a)
Construction, including but not limited to structures, roads, bridges, drainage facilities, barns and sheds for animals and livestock and fences, subject to New York State's Agricultural District Law.
(b)
Clear-cutting of trees or removal of vegetation or other ground cover.
(c)
Change in the natural flow of a stream or disturbance of a streambed.
(d)
Placement of septic or other sewage disposal systems.
(e)
The use of motorized vehicles, including but not limited to all-terrain vehicles, motorcycles, snowmobiles and motorbikes.
(2)
Where proposed development results in a conservation restriction being imposed by the authorized board, said restriction shall be noted on the final approved map and filed with the office of the County Clerk and/or the Building Department.
I.
Appeals. All appeals of decisions made under this chapter shall be made to the Zoning Board of Appeals.
§ 250-57 EPOD 1 Stream Corridor Protection Overlay District.
A.
Purpose and intent. The purpose of the Stream Corridor Protection Overlay District is to preserve and protect streams and their associated ecosystems within the Town. It is also the intent of these regulations to prevent soil erosion, sedimentation and slope failure due to removal of vegetation, dredging, filling, damming or channelization; prevent degradation or loss of the natural character of the area; and prevent activities which degrade water quality.
B.
Delineation of district boundaries. The boundaries of the Stream Corridor Protection Overlay District shall be delineated on the Official Town of Lima EPOD Maps. These boundaries shall include the following areas: Spring Brook, Honeoye Creek, and for a distance of 100 feet from the top of each bank.
C.
Regulated activities. No person shall conduct any of the following regulated activities unless such person has first applied for and obtained an EPOD development permit pursuant to the requirements of this section. Customary agricultural operations and watercourse maintenance activities are not required to obtain an EPOD 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 septic or sewage disposal system.
(3)
Filling, cutting or excavation, either on land or within a watercourse or floodplain.
(4)
Removal of natural vegetation.
(5)
Discharge of stormwater and/or construction of a private commercial or municipal stormwater runoff system.
(6)
Construction of driveways, roads, trails or bridges.
(7)
Any activity which would alter the natural flow pattern of the watercourse.
D.
Development standards and permit conditions. In granting, denying or conditioning any application for an EPOD development permit for activities within a stream corridor, the CEO or the Planning Board shall consider the effect that the proposed regulated activity shall have on the public health, safety and welfare and the protection of the major watercourses within the Town.
(1)
General regulations. Any applicant for a permit to undertake a regulated activity within a stream corridor protection overlay district shall be required to adequately demonstrate that the proposed activity will in no way at present or at any time in the future adversely affect the following:
(a)
Water quality.
(b)
Watercourse flood-carrying capacities.
(c)
Rate of sedimentation.
(d)
Rate/velocity of groundwater runoff.
(e)
Natural characteristics of the watercourse or floodplain.
(2)
Specific standards. No permit to undertake a regulated activity within the district shall be issued by the CEO or the Planning Board unless it determines that the proposed project complies with the following standards:
(a)
The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands, stormwater runoff, septic and sewage systems and any other activity on the site.
(b)
A natural vegetative buffer of 100 feet from each bank shall be retained adjacent to the watercourses to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats and to protect scenic qualities.
(c)
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. Disturbed soils shall be stabilized and revegetated before construction can begin. During the interim, erosion protection measures, including but not limited to vegetation, retention ponds, recharge basins, berming, silt traps and mulching, shall be used to ensure that sedimentation is minimized and mitigated.
(d)
The project shall provide adequate measures to protect surface waters and groundwaters from direct or indirect pollution and from overuse.
(e)
Fill shall not encroach on natural watercourses, constructed channels 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.
(f)
Roads, trails and walking paths along water bodies shall be sited and constructed so they are not a source of runoff and sedimentation. Such roads, trails and walking paths shall be constructed and sited in such a manner as to maximize the visual opportunities of a water body while maintaining the scenic qualities of the water body.
(g)
No new dock, boat launching site or fishing access and parking area shall be constructed unless it is shown that it will not impede the natural flow of the streams to which this section applies. Said facilities shall be located and constructed so as to minimize their intrusion into the streams and avoid adverse environmental impact and unreasonable impacts upon public use of the waters.
(h)
New structures, except crossings which are regulated by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, shall not be constructed within 100 feet of the bank of the stream.
(i)
New structures shall be designed and constructed in accordance with accepted best management practices for erosion control and stormwater management.
§ 250-58 EPOD 2 Wetland Protection Overlay District.
A.
Purpose and intent. The purpose of the Wetland Protection Overlay District regulations is to preserve, conserve and protect freshwater wetlands located within the Town, pursuant to the New York State Environmental Conservation Law. It is the intent of these regulations to prevent the despoliation and destruction of freshwater wetlands by prohibiting development within the regulated areas.
B.
Delineation of EPOD 2 District boundaries. The boundaries of the Wetland Protection Overlay District shall be delineated on the Official Town of Lima EPOD Maps. These boundaries and their regulated buffer areas shall include all areas classified as freshwater wetlands by the New York State DEC, the Federal Fish and Wildlife Agency, or regulated by the United States Army Corps of Engineers. This wetland information may also include, but is not limited to, the Soil Survey Report for Livingston County, field survey maps of flagged wetland boundaries and their buffer areas, and other appropriate sources.
C.
Regulated activities. No person may conduct any development activity within the boundary of any determined federal or state freshwater wetland area or its buffer area in the Town.
§ 250-59 EPOD 3 Steep Slope Protection Overlay District.
A.
Purpose and intent. The purpose and intent of the Steep Slope Protection Overlay District is to eliminate the impacts of development activities on steep slopes in the Town by prohibiting activities in these areas.
B.
Delineation of district boundaries. The boundaries of the Steep Slope Protection Overlay District shall include all areas of fifteen-percent or greater slopes and all areas within 50 feet of the toe or top of such slopes. In order to more accurately locate and delineate steep slope protection overlay district boundaries within the Town, the CEO or Town Engineer may consult topographic information which may include, but is not limited to, the Soil Survey Report for Livingston County, topographic maps produced by the United States Geological Survey, field survey maps, and other appropriate sources.
C.
Regulated activities. No person may conduct any development activity within any steep slope protection overlay district in the Town.