Lysander City Zoning Code
ARTICLE XXII
Riverfront Development Overlay Controls
§ 320-63 Riverfront Development Overlay controls.
The purpose of this section is to promote patterns of shoreline development that are sensitive to the environmental and hydrological characteristics of the river system and to enhance its recreational and aesthetic attributes. These controls address the design and manner of use of a shoreline site for the uses authorized by the applicable zone district regulations and furthermore are intended to augment, when necessary, the controls of other permit processes designed to protect specific natural features.
A.
Applicability.
(1)
The bodies of water covered by this section shall collectively be referred to as the "river system." The river system shall include those portions of the following water bodies wholly or partially within the Town of Lysander: Cross Lake, New York State Barge Canal, Seneca River and Oswego River.
(2)
Only those properties, regardless of size, which abut or have frontage upon the river system or are adjacent to publicly owned shoreline shall be subject to this section.
(3)
This section establishes dimensional site design and procedural controls in addition to the requirements of the applicable zone district regulations. In the event of conflict with other sections of this code, then the more restrictive requirement shall apply.
(4)
Under no circumstances should a structure be erected within a designated New York State flowage easement without the appropriate agencies' permit(s).
B.
Dimensional requirements. The following measurements, unless otherwise specified, are to be calculated along or from the normal pool elevation. NOTE: See zone district regulations for other dimensional requirements.
(2)
Shoreline structures (docks, decks, boat launches, boathouses) shall meet the following requirements:
(a)
Maximum structure width (linear coverage of lot river frontage): 25 feet or 10% of front (whichever is less).
(b)
Maximum structure height: 25 feet.
(c)
Maximum structure depth (measured perpendicular to shoreline): 25 feet.
(d)
Maximum cumulative area occupied by shoreline structures: 1,000 square feet.
(3)
For lots existing at the effective 1991 date of this chapter and owned or under contract of sale to persons other than those owning any adjacent lot, the following special setback provisions shall apply:
(a)
Principal or accessory structure setback on a lot of 80,000 square feet or less: 75 feet from river system.
(b)
Principal or accessory structure setback on a lot of 40,000 square feet or less: 50 feet from river system.
(c)
Principal or accessory structure setback on a lot of 20,000 square feet or less: 20 feet from river system.
C.
Performance guidelines.
(1)
Shoreline buffer strip. A shoreline buffer strip shall be measured from the normal pool elevation.
(a)
A natural vegetative buffer shall be maintained along the river frontage of each lot for a minimum depth of 50 feet. Physical disturbance of this area should be kept to a minimum to prevent erosion and riverbank destabilization. Following any approved activity which disturbs this area, a vegetative cover or permanent erosion control device, i.e., terracing, shall be immediately erected or planted or a temporary erosion control system shall be established until such time that planting is possible or final erection is completed.
(b)
Plant material should include types of vegetation typical and indigenous to the river shoreline. Steeply sloped areas should be planted with shrubs and trees that promote slope stabilization. Grassed areas should be kept to a minimum and on generally level grades.
(c)
There shall be no structure or activities established within this shoreline buffer except for permitted shoreline structures, agriculture and marinas.
(2)
Agriculture. Soil shall not be tilled within 25 feet of the normal pool elevation and never within the floodplain.
(3)
Septic systems. Individual subsurface waste disposal systems, including drainage pipes or leach field, shall not be closer than 500 feet to the floodplain.
(4)
Outdoor storage. Within the shoreline buffer strip, the storage of boats, trailers and similar water use equipment shall be limited to shoreline structures or enclosed within an accessory structure.
D.
Waiver of shoreline requirements (Town Law § 278 authorization). The controlled site, dimensional and shoreline buffer requirements of this section may be waived for residential uses by the Planning Board during the subdivision review process pursuant to New York State Town Law § 278 and upon finding the following:
(1)
The proposed lots are designed and arranged so that there will be minimal disturbance upon the shoreline.
(2)
The shoreline is protected and maintained in its natural state and not intruded upon by docks, launches or similar structures.
(3)
The proposed subdivision complies in all other respects with floodplains, wetlands and water quality protection measures administered by other agencies.