Marcellus Town City Zoning Code
§ 235-16
Critical Environmental Area CEA Overlay Zone.
A.
Purpose. The purpose of this zone is to preserve the Nine Mile Creek corridor and tributaries, and to protect the area from development that may potentially pose a threat to the special characteristics of this unique resource. It will also provide recreational amenities and enhance the aesthetic quality of the community.
B.
Regulations. Land within the boundaries of this zone is subject to the regulations and controls of both the overlay zone and the underlying zone. In the event of conflict between the zones, the more restrictive requirement shall apply. The boundaries of the overlay zone shall be as shown on the Town's Zoning Map, and are generally established as 100 feet from: (1) the stream; (2) one-hundred-year floodplain; or (3) NYSDEC wetland, whichever is greater. In the area around Otisco Lake, the boundary is 50 feet.
C.
Proposed activities.
(1)
Proposed activities within the CEA shall require a special permit from the Zoning Board of Appeals. Such activities may include, but not be limited to construction, excavation or fill, clearing of existing vegetation, destruction of wildlife habitat, or any activities that would cause erosion.
(2)
Activities that do not require a special permit include:
(a)
Maintenance of existing landscaping or natural vegetation;
(b)
Minor or temporary uses of land that have negligible impact on the environment;
(c)
Alterations, repairs, or improvements to existing structures, other than expansion;
(d)
Installation of playground equipment or structures less than 100 square feet that have negligible impacts to the environment; and
(e)
Maintenance of driveways and roads.
(3)
If unclear, the Code Enforcement Officer will determine whether a proposed activity qualifies under any of these cases. The Codes Enforcement Officer, at his discretion, may refer the decision to the Zoning Board of Appeals.
D.
Applications. All applications for special permit shall include a completed SEQR long Environmental Assessment Form (EAF).
E.
Costs. If in the opinion of the Town, it is necessary to seek assistance by an engineer, landscape architect, or other professional in the review of any application for special permit, the cost shall be borne by the applicant. See Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]