New Hartford Town City Zoning Code
ARTICLE VI
Natural Resource Overlay Zones
§ 118-28 Purpose; enumeration; boundaries; interpretation of district regulations.
A.
Overlay districts are intended to preserve and protect the Town of New Hartford's natural resources from negative impacts associated with land use activities in order to protect the health, safety and general welfare of the public.
B.
Within the Town of New Hartford there are five overlay districts:
(1)
Stream Corridor Overlay District (SCOD).
(2)
Wetlands Overlay District (WOD).
(3)
Aquifer Overlay District (AOD).
(4)
Steep Slope Overlay District (SSOD).
(5)
Natural Resource Protection District (NRPD).
C.
The boundaries of the overlay districts are shown on separate maps which are considered part of the New Hartford Zoning Map for purposes of the Chapter. The overlay districts exist in concert with the underlying zoning districts shown on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map and overlay district maps are included as attachments to this chapter.
D.
The regulations pertaining to the overlay zones are in addition to those of the underlying zoning districts.
§ 118-29 Overlay district descriptions.
A.
Stream Corridor Overlay District. This district applies to the one-hundred-year floodplain of Mud Creek and Sauquoit Creek and to areas within 50 feet of the center line of perennial streams.
B.
Wetlands Overlay District. This district applies to all New York State Department of Environmental Conservation mapped and designated wetlands as well as a one-hundred-foot buffer around such wetland areas.
C.
Aquifer Overlay District. The district applies to those portions of the Town underlain by identified aquifers and not serviced by public water and sewer.
D.
Steep Slope Overlay District. This district applies to all areas having slopes in excess of 15%.
E.
Natural Resource Protection Overlay District. This district applies to those areas of the Town which contain unique or rare natural features or resources. Examples included are of unique physical features or unique wildlife habitats. (See overlay district map.[1])
[1]
Editor's Note: The Natural Resource Protection Overlay District Map is included as an attachment to this chapter.
§ 118-30 Review and approval of land use activities required; exceptions.
A.
Within the overlay districts, no person shall undertake any land use activity, as hereinafter defined, except pursuant to the review and approval by the Planning Board in accordance with the requirements of this article and all other applicable regulations contained in this chapter.
(1)
Definition of "land use activity." "Land use activity," for the purpose of this article, means any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of use of land or a structure. Land use activity shall include activities which require a building permit or certificate of use or occupancy, except as exempted below.
(2)
General exceptions. All new land use activities within the Town, designated above, shall require review and approval pursuant to the provisions hereof before being undertaken, except the following:
(a)
Ordinary repair or maintenance of interior alterations to existing structures, provided that there is no change of use.
(b)
Exterior alterations or additions to structures that are in existence on the date that this chapter is enacted which would not increase the square footage of the existing structure by more than 25% or 500 square feet, whichever is the smaller, provided that there is no change of use.
(c)
Structures under 100 square feet in size.
§ 118-31 Filing of application.
An application for review and approval under this article shall be filed according to the requirements and procedures set forth in Article X, Site Plan Review.
§ 118-32 Procedure for review and approval.
The procedure for review and approval under this article shall be as set forth in this article and Article X, Site Plan Review.
§ 118-33 Standards and guidelines.
A.
General standards and guidelines.
(1)
No land use activity or development will be allowed until it has been determined by the Planning Board that the development or activity will not significantly result in unsafe or unhealthful conditions, erosion or sedimentation, water pollution, degradation of fish and wildlife habitat or conflicts of use and will be protective of the natural resources of the Town.
(2)
The Planning Board shall approve land use activities within overlay districts only where it finds that:
(a)
The project meets all applicable guidelines set forth in this chapter; and
(b)
The project will be located, designed, constructed and operated such that it will have no adverse impacts on the environment, public health and/or safety.
(3)
In making findings related to Subsection A(2)(b), the Planning Board shall adhere to the guidelines and regulations set forth in this article and in Articles X and XI, when applicable.
B.
Specific standards and guidelines. In addition to the standards and guidelines set forth in Articles X and XI, if applicable, the following standards and guidelines shall apply to each overlay district as detailed below.
(1)
All overlay zones: design principles and standards.
(a)
The layout of lots and roads shall relate to the form of the land rather than ignore it.
(b)
The natural character of the site should be maintained.
(c)
The siting and design of development shall blend with the resource conditions of the site and not, by its massing, be visually intrusive.
(2)
Stream Corridor Overlay Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk, refuse or other debris.
[c]
The discharge or application of wastewater or any pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses, clear-cutting of timber or the removal of topsoil.
[e]
Within 35 feet of the mean high-water mark, no vegetation shall be removed. This area shall be maintained as an undisturbed natural buffer strip.
[2]
The provisions in Subsection B(2)(a)[1][d] and [e] above can be waived for construction of bridges, fords, stream crossings and associated roadways, or for impoundments, by approval of the Planning Board and by the concurrent approval of the New York State Department of Environmental Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to the requirements set forth in § 118-85 unless waived by the Planning Board. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[b]
A reasonable timing schedule indicating the anticipated starting and completion date of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85 of this chapter.
[2]
To the extent practicable, all parking, loading and service areas shall be constructed of permeable materials.
[3]
Wherever possible, existing vegetation shall be retained and protected.
[4]
When vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
(3)
Wetland Overlay Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk, refuse or other debris.
[c]
The discharge or application of wastewater or any pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses, clear-cutting of timber or the removal of topsoil.
[2]
The provisions in Subsection B(3)(a)[1][d] above can be waived for construction of bridges, fords, stream crossings and associated roadways, or for impoundments, by approval of the Planning Board and by the concurrent approval of the New York State Department of Environmental Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to all requirements set forth in § 118-85. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[b]
A reasonable timing schedule indicating the anticipated starting and completion date of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85 of this chapter.
[2]
To the extent practicable, all parking, loading and service areas shall be constructed of permeable materials.
[3]
Wherever possible, existing vegetation shall be retained and protected.
[4]
When vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
(4)
Aquifer Overlay Zone.
(a)
Prohibited activities. Within the overlay zone, the following are prohibited when located on lots wholly or partially located within the Aquifer Overlay Zone:
[1]
Land spreading of sludge or ash of any kind, including domestic waste water or industrial processes.
[2]
The creation or manufacturing of any hazardous materials without an approved spill prevention and response plan that is approved by the Town of New Hartford Planning Board and the New York State Department of Health.
[3]
Dry wells directly connected to any floor drain, garage drain, wash basin or sink.
[4]
Landfills.
[5]
All uses listed as special permit uses in the Manufacturing District.
(b)
Design principles and standards.
[1]
The proposed project shall not degrade the quality of groundwater through the introduction of sewage waste, stormwater runoff, liquid chemicals, petroleum products, dissolved metal or other toxic or hazardous substances.
[2]
The proposed project shall not substantially alter the subsurface flow of groundwater to private and public water supply wells.
[3]
The proposed project shall not reduce to less than five feet the separation between the surface of the ground and the seasonal high-water table. If, at the time of application, the existing separation between the surface of the ground and the seasonal high-water table is less than five feet, the applicant shall have the burden to prove that the proposed project will not threaten or negatively impact the quality of the groundwater.
[4]
The proposed project shall not increase the long-term risk of groundwater contamination through the siting, establishment or expansion of uses which store, transport or utilize significant quantities of material which are potentially harmful to groundwater quality.
(5)
Steep Slope Overlay Zone.
(a)
Prohibited activities. Within the overlay zone, the following are prohibited:
[1]
Cut and fill practices on slopes in excess of 15% averaged vertically on the slope across the building site or footprint of the building.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit information on existing vegetation, the proposed cutting plan and proposed revegetation plan. Specifically, the applicant shall submit the following:
[a]
Identification of all trees on the subject lot having a diameter of eight inches or more at 4 1/2 feet above the ground.
[b]
Delineation of the area in which cutting or clearing is proposed to occur.
[c]
The intended practices for clearing trees and vegetation, including equipment to be used, method of removal and description of material to remain, if any.
[d]
Species list (names, numbers and sizes), planting schedule and drawn plan for the revegetation of disturbed areas.
[2]
The Planning Board may waive any of these requirements if it finds them inapplicable to the proposed project. The Planning Board may request the Natural Resources Conservation Service or other agencies to review the plan and make recommendations.
(c)
Design principles and standards.
[1]
Buildings should be sited to minimize their prominence. When practical, buildings should not be placed at the top of the slope or crest of the hill where they will be seen silhouetted against the skyline and will be visible at a distance. Rather, buildings should be placed down the slope where they will have the hillside for a background. In general, the height of the structures should not exceed the height of the surrounding trees. Buildings should avoid being placed in the middle of open fields, where possible. Rather, buildings should be located in or adjacent to existing vegetation.
[2]
Vegetation/trees shall be preserved to the extent practicable and, when removed, shall be replaced with other vegetation/trees that are equally effective in retarding runoff, preventing erosion and preserving natural beauty.
[3]
All structures and uses, including accessory structures and parking/loading areas, shall be landscaped in such a way so that the visual impact of the structures is minimized. Vegetative screens of trees and/or shrubs, depending on existing vegetative character, shall be preserved or provided on frontal slopes.
[4]
Building materials, colors and textures designed to blend with the natural environment are preferred. Buildings, roofs, fences and walls are preferred to be of darker shades.
[5]
Solar collection devices, and receiving and transmitting devices, such as radio and television antennas and disks, shall be positioned so as to minimize their visual impact.
[6]
Outdoor lighting shall be kept to a minimum intensity needed for ground and entryway lighting. All outdoor lighting fixtures or lamps shall be shielded in such a manner that the edge of the lamp shield is below the light source, direct radiation (glare) from the light source is confined within the boundaries of the property and direct radiation is prevented from escaping toward the sky. (For the purposes of these provisions, light sources include any refractor, reflector, bulb, tube or globe.) High-intensity discharge lighting is prohibited.
(6)
Natural Resource Protection Overlay District Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk, refuse or other debris.
[c]
The discharge or application of wastewater or any pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses, clear-cutting of timber or the removal of topsoil.
[2]
The provision in Subsection B(6)(a)[1][d] above can be waived for construction of bridges, fords, stream crossings and associated roadways, or for impoundments, by approval of the Planning Board and by the concurrent approval of the New York State Department of Environmental Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A comprehensive written record of all natural resources which have contributed to the designation of the area as an NRP Overlay Zone.
[b]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to the requirements set forth in § 118-85 unless waived by the Planning Board. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[c]
A reasonable timing schedule indicating the anticipated starting and completion date of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85.
[2]
Wherever possible, existing vegetation shall be retained and protected.
[3]
When vegetation is removed, it shall be replaced with other vegetation that is native to the region, compatible with the climate and equally effective in retarding runoff, preventing erosion and preserving natural beauty.
§ 118-34 Cannabis Retail Overlay Zone.
[Added 3-23-2022 by L.L. No. 2-2022]
A.
Definitions.
(1)
As identified in the NYS Cannabis Law, an establishment which involved the acquisition, possession, sale and delivery of cannabis to consumers, and licensed by NYS as a cannabis retail dispensary.
(2)
Cannabis Retail Dispensary Overlay District: properties adjacent to Commercial Drive from its intersection with Henderson Street to its intersection with NYS Route 5 in the Town of New Hartford, except to the extent that any parcel in excess of 12,000 square feet in size shall be excluded.
B.
So long as the Town does not have in place a local law calling for the prohibition of licensure of the same pursuant to Cannabis Law § 131 (i.e., an opt-out law, which, if any, shall take precedence over and supersede the following), cannabis retail dispensaries shall be permitted, subject to obtaining a special use permit, the fee for which shall be $25,000.