Owasco Town City Zoning Code
ARTICLE VII
Environmental Protection Overlay Districts
§ 150-39 Purpose and intent.
The purpose of the Environmental Protection Overlay Districts (EPOD) established in this article is to provide special controls over land development located in sensitive environmental areas within the Town of Owasco. The Town's Comprehensive Plan identifies the use of overlay districts as a technique to protect and preserve unique environmental features based upon the following reasons:
Prevention of an irreversible loss in natural resources.
Enhancement of flood protection.
Maintenance and/or improvement of surface water quality.
Preservation of wildlife habitats.
Aesthetics.
Maintenance of soils and slope stability.
Maintenance of open space.
Control of adverse impacts on existing development.
§ 150-40 Applicability.
An EPOD development permit, granted by the Planning Board, shall be required subject to the provisions and procedures of this Article and prior to the commencement of any regulated activity or the issuance of any building permit for regulated development in one or more of the following EPODs:
Regulations to be imposed over other district regulations. The regulations contained in each EPOD are not intended to be substituted for the zoning regulations of the underlying primary zoning districts, but are additional requirements that shall be met by the applicant or developer prior to project approval. These additional requirements shall be based on sound management practices and must be reasonably related to the protection of the natural resource in question. The purpose of the overlay districts is to provide the Town with an additional level of review and regulation that controls how land development permitted by the Town's primary zoning districts should occur in or near sensitive or unique environmental areas. Conformance with these provisions may require plans to be modified and/or special conditions placed upon construction practices.
Exempt activities. The following activities are exempt from the permit procedures of this article:
Lawn care and maintenance.
Noncommercial gardening activities.
Tree shrub care and maintenance.
Select cutting and removal of trees in woodlots, that are not located on steep slopes, for the personal use of the property owner and not for commercial purposes.
Removal of dead or deteriorating vegetation.
Removal of structures.
Repair and maintenance of existing structures and buildings.
Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size and at the same location.
Customary agricultural activities, except for new or expanded structures.
Public health activities, orders, and regulations of the New York State Department of Health, Cayuga County Department of Health, or other related agency.
Installation of utility service from an existing distribution facility to a structure, where no major modifications or construction is necessary.
Drilling of a water well to serve a single residence.
Any activities associated with normal, outdoor recreational activity.
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board of Electric Generation Siting and the Environment under the provisions of Article 7 of the New York State Public Service Law.
An actual or ongoing emergency activity which is immediately necessary for the protection of life, property, or natural resources.
§ 150-41 Stream Corridor, Lakeshore, and Floodplain Protection Overlay District (EPOD-SLF).
Purpose and intent. The purpose of the Stream Corridor, Lakeshore, and Floodplain Protection Overlay District (EPOD-SLF) is to provide special controls to guide land development adjacent to waterway corridors in the Town of Owasco. The district encourages development of land so as to protect and preserve the waterways, to prevent soil erosion and sedimentation due to removal of vegetation, dredging, filling, damming, or channelization, and to prevent activities which degrade water quality or fish and wildlife habitat.
Delineation of district boundaries. The boundaries of EPOD-SLF shall be based on the Town of Owasco EPOD Maps and are as follows:
Stream corridor. If along a stream corridor, EPOD-SLF shall include all those areas within 50 feet of waterways measured horizontally from the center line of the waterway, or if also in a special flood hazard district, EPOD-SLF shall include all those areas within 50 feet of the landward boundary of the special flood hazard, whichever is greater.
If along the Owasco Lake shoreline, EPOD-SLF shall include all those areas within 50 feet, measured horizontally from the high water mark of 717.13 feet above sea level using United States Geological Survey datum.
Activities regulated.
Clearing or filling, dredging, excavating, depositing of natural or man-made materials, or constructing on any land area which lies within the EPOD-1 boundaries.
The construction or placement of septic tank or septic leach field.
Any activity that would alter the natural flow patterns of a watercourse.
Any activity that would result in soil erosion into or sedimentation within a watercourse and/or Owasco Lake.
Standards for permit review.
General regulations. Any applicant for an EPOD development permit to undertake a regulated activity within EPOD-SLF shall be required to adequately demonstrate that the proposed activity shall in no way, at present or at any time in the future, adversely affect any of the following:
Specific standards. No EPOD development permit to undertake a regulated activity within EPOD-1 shall be issued unless it is determined that the proposed project, in addition to satisfying the evaluation criteria stipulated in § 150-47, complies with the following additional standards:
The proposed activity provides adequate measures to prevent:
The project shall provide adequate measures to protect surface and ground waters from direct or indirect pollution and from overuse.
Fill shall not encroach on natural watercourses, constructed channels, or floodway areas.
Roads, trails, and walking paths along waterbodies shall be sited and constructed so they are not a source of runoff or sedimentation.
Additional requirements.
A vegetative buffer of 50 feet shall be retained from the centerline of the watercourse or from the landward boundary of a special flood hazard floodplain, whichever is greater, to trap sediments and to protect adjacent fish and wildlife habitats. Wherever possible, the buffer shall retain natural vegetation.
Site preparation, including the 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 within 14 days of disturbance. During the interim period, erosion protection measures, including but not limited to vegetation, retention ponds, recharge basins, creation of berms, silt traps, and mulching, shall be used to ensure that sedimentation is minimized and mitigated.
All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion, and prevents settlement.
New structures shall be designed and constructed in accordance with erosion control standards and stormwater control standards contained in the Best Management Practices for Storm Water Management Guidelines for New Development, as found in Chapter 6 of the New York State Department of Environmental Conservation's Stream Corridor Management Manual.
§ 150-42 Steep Slope Protection Overlay District (EPOD-SS).
Purpose and intent. The purpose of the Steep Slope Protection Overlay District (EPOD-SS) is to minimize the impacts of development activities on steep slopes in the Town of Owasco by regulating activities in such areas and by requiring review and EPOD Development Permit approval prior to project commencement. The regulations contained in EPOD-SS are designed to minimize the disturbance or removal of existing vegetation, prevent increased soil erosion and stormwater runoff, maintain established drainage systems, locate development where it is less likely to cause future slope failures, and to retain, as much as possible, the natural character of these areas.
Delineation of district boundaries. The boundaries of EPOD-SS shall be delineated on the Town of Owasco EPOD Maps and shall include all areas of 15% or greater slopes, and all areas within 50 feet of the toe or top of such slopes. The Planning Boards may consult other information, including but not limited to the Soil Survey Map of Cayuga County, topographic maps produced by the United States Geological Survey, filed surveys, and other appropriate sources, in order to more accurately locate and delineate the boundaries of EPOD-SS.
Activities regulated.
Clearing of or constructing on any land area within the Steep Slope Protection Overlay District, including but not limited to providing equipment access on the site.
The construction or placement of any sewage disposal system, including individual sewage disposal systems septic tanks, septic drainage, or leach fields.
Filling, cutting, or excavation operations.
Discharge of stormwater and/or construction and placement of stormwater runoff systems.
Exempt activities. Those activities specified in § 150-40C are exempt from the permit procedures of this article.
Standards for permit review.
General regulations. Any applicant for an EPOD development permit to undertake a regulated activity within EPOD-SS shall comply with the following:
The stable angle of repose of the soil classes found on the site shall be used to determine the proper placement of structures and other development-related facilities within the plateau area. Site-specific calculations of the stable angle of repose for the site shall be determined by a professional soil scientist or engineer using the soil classes and nomenclature contained in the Soil Survey of Cayuga County and obtained for the site by borings, as well as high-intensity soil survey data provided by the applicant.
The stability of soils will be maintained or increased to adequately support any construction thereon or to support any landscaping, agricultural practices, or similar activities. This shall be documented by soil bearing data provided by a qualified testing laboratory or engineer and paid for by the applicant.
No proposed activity shall cause erosion or slipping of soil or cause sedimentation to be discharged into any stream, brook, tributary, wetland, or into Owasco Lake.
Plant life located on the slopes outside the minimum area that need to be disturbed for carrying on approved activities shall not be destroyed. Plants or other acceptable ground cover shall be reestablished in disturbed areas immediately upon completion of development activity so as to prevent any of the harmful effects set forth above to maintain the natural scenic characteristics of any steep slope.
Access down steep slopes shall be provided with ramp slopes no greater than 1:6 and side slopes not greater than 1:3 if not terraced or otherwise structurally stabilized.
The applicant must demonstrate, to the satisfaction of the Planning Board, that there is no reasonable alternative for the proposed regulated activity on that portion of the site not containing steep slopes.
Specific standards. Construction of erosion protection measures shall be permitted according to the following standards:
All erosion protection measures shall be designed and constructed according to generally accepted engineering principles found in publications entitled "Stormwater Management Guidelines for New Development" and "Best Management Practices for Stormwater Runoff Management" as found in Chapter 6 of the New York State Department of Environmental Conservation Street Corridor Management Manual.
A long-term maintenance program shall be included in any EPOD development permit application for construction, modification, or restoration of an erosion protection structure until ground cover has been reestablished. Such program shall include specifications for normal maintenance of degradable materials and the periodic removal of materials.
The construction, modification, or restoration of erosion protection structures shall not be likely to cause any measurable increase in erosion at the development site or other locations and shall prevent adverse effects to natural protective features, existing erosion protection structures, and natural resources such as significant fish and wildlife habitats.
Temporary erosion controls, i.e., straw bales, siltation fences, hydro-seeding, and mulching, shall be provided for all disturbed areas, shall be installed before work begins, and shall be maintained until restoration is complete. The site plan shall identify the locations and methods of erosion and siltation controls.
A construction and erosion control schedule shall be required from the applicant as part of the EPOD development permit application. All disturbed steep slope areas shall be regarded as stabilized as soon as possible, but in less than 14 days.
Drainage of stormwater shall not cause erosion or siltation, contribute to slope failures, pollute groundwater, or cause damage to, or flooding of, property. Drainage systems shall be designed and located to ensure slope stability.
Any grading, excavating, or other soil disturbance conducted on a steep slope shall not direct surface water runoff over the receding (downhill) edge during construction.
Removal of existing mature trees from steep slope areas will be permitted only where absolutely necessary to allow the subject construction. All trees larger than three inches in diameter to be removed shall be shown on the site plan.
§ 150-43 Wetlands.
Development proposed within freshwater wetlands is regulated by the New York State Department of Environmental Conservation (DEC) for state-regulated wetlands and/or the United States Army Corps of Engineers (USACE) for any federally regulated wetlands. It is the obligation of each developer to determine if the project contains any state-designated and/or federally designated wetlands. If a project contains state-regulated wetlands, a DEC official must stake the wetland and buffer areas, as well as issue a permit for any development impacting such areas. If a project contains a federally designated wetland, a similar process must be followed, and a permit issued by the USACE.
§ 150-44 Official maps, interpretation of district boundaries and appeals.
The locations and boundaries of the EPODs are delineated on official maps on file in the Town Building Department. Collectively these maps are known as the "Official Town of Owasco EPOD Maps." The Official Town of Owasco 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.
Field investigations and/or other environmental analysis may be required in order to determine whether a specific parcel of land is included within one or more of the EPODs and to locate the boundary on the property. Temporary flagging of boundaries in the field may be required during the review of applications, and permanent staking may be required as a condition of permit approval.
The Town has the authority to amend or add to these official EPOD Maps as necessary.
The Code Enforcement Officer shall be responsible for interpreting EPOD boundaries based on an interpretation of the Town of Owasco EPOD Maps, as well as the use of other criteria set forth in this Article for determining such district boundaries. The Code Enforcement Officer may request the assistance of the Town Engineer, the developer's engineer, Town Planning Board, or other appropriate department or agency in making such a determination.
Appeals to the Zoning Board of Appeals from Code Enforcement Officer determinations of district boundaries shall be handled in the same manner as appeals from the other Code Enforcement Officer determinations under the Town of Owasco Zoning Law.
§ 150-45 EPOD development permit application.
Application procedure.
Applications for EPOD development permits shall be made in writing and filed with the Code Enforcement Officer on application forms available in the Town Zoning Enforcement office. Application packets provided to applicants shall contain an application form and instructions which shall include submittal requirements, fees, procedures, and approval criteria. Application shall be made by the property owner or their agent and shall be accompanied by the materials and fees specified. If the Code Enforcement Officer determines the application to be complete, the application shall be submitted to the Planning Board at its next duly called meeting following the date of submission of the complete application. If the application is deemed to be incomplete, the Code Enforcement Officer shall return the application to the applicant and identify the deficiencies of the application.
Required data. The applicant shall submit a scaled (one inch equals 50 feet or one inch equals 100 feet) site plan, prepared and certified by a licensed engineer or land surveyor, that contains the following minimum information:
All activities requiring an EPOD development permit shall be considered a Type I action under SEQR and all applications shall be accompanied by a Full Environmental Assessment Form Part 1.
A location plan and boundary line survey of the property.
The location of all EPOD boundaries, designated Town open space, and Town, county, or state parks.
The location of all existing and proposed buildings, structures, utility lines, sewers, water, and storm drains on the property or within 200 feet of the subject property.
The location of all existing and proposed impervious surfaces, such as driveways, sidewalks, etc., on the property or within 200 feet of the proposed subject property.
Existing and proposed contour levels at one-foot intervals for the property, unless such property is located within an EPOD-SS Steep Slope Protection District whereby contour levels may be shown at two-foot intervals.
The location and types of all existing and proposed vegetation and shrub masses, as well as all trees with a diameter of eight inches or more within and/or adjacent to the property.
The location of all existing and proposed drainage patterns, drainageways, swales, etc., within and/or adjacent to the property.
Fees. The Town Board may, from time to time, by resolution, establish and amend the fees for EPOD development permits. The EPOD development permit fees shall be in addition to any other fees required.
§ 150-46 EPOD development permit review procedure.
Review procedures. The Planning Board may refer the application to other appropriate boards and agencies for their review and recommendations. Such boards or agencies shall have 30 days from the date of their receipt of a completed application in which to report their recommendations. Failure for any board or agency to respond within this time shall not be cause for the Planning Board to postpone processing such application or action thereon.
If subdivision approval is required for the subject property, the timeline for Planning Board review shall be consistent with the review timeline for subdivision review as stipulated in Article XVIII.
Public notice.
Public hearings and public notification thereof for an EPOD development permit shall be required only when associated with another activity and/or review procedure that requires a public hearing.
Wherever possible, public hearings for EPOD development permits shall be scheduled concurrent with public hearings required under site plan review, subdivision review, special use permit review, or any actions required to comply with the State Environmental Quality Review regulations for the proposed action.
§ 150-47 EPOD development general requirements, standards, and findings.
General requirements and standards. The Town Planning Board shall make a written factual record and findings of all its proceedings involving the granting of an EPOD development permit. Compliance with the following required criteria for the use for which the EPOD development permit was granted shall be substantiated:
The activity is compatible with the preservation, protection, and conservation of the environmentally sensitive area.
The activity will result in no more than normal degradation to or loss of any part of the environmentally sensitive area.
The activity is compatible with the public health, safety, and welfare.
The activity conforms with additional standards and criteria of the individual EPOD, as noted elsewhere in this article.
For proposed activities that do noy comply with all of the above criteria, the applicant may propose a mitigation plan to offset, in whole or in part, the diminishment of the benefits derived from the environmentally sensitive area that would occur if the EPOD Development Permit were to be approved. The Planning Board shall evaluate the proposed mitigation plan to determine if the benefits that would be derived from the project exceed the net loss in benefits derived from the environmentally sensitive area.
Development conditions.
Any EPOD development permit approved 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 EPOD development permit issued pursuant to this article shall contain the following conditions:
For projects requiring a site plan approval, as stipulated in Article V, or subdivision approval, as stipulated in Article XVIII, the EPOD shall be shown on the final site plan map and/or final plat respectively, along with a statement that any future activity in the EPOD shall require additional EPOD development permits.
The Town Planning Board may incorporate permit conditions of other agencies into local approval conditions and/or supplement these with local conditions.
The Town Planning Board may require restrictive covenants to the Town over the portion of the subject property within an EPOD or EPODs. These restrictive covenants may restrict or prohibit the following activities within the EPOD area:
Construction, including, but not limited to, any structure, barns and sheds for animals and livestock, fences, satellite dishes, signs, and swimming pools.
The pasturing or housing of animals and livestock.
Clear-cutting of trees or removal of vegetation or other ground cover.
The location of septic or other sewage disposal systems.
The use or deposit of fertilizers, pesticides, herbicides, toxic wastes, or other hazardous substances.
The filling, changing, or disturbing of natural watercourses and wetlands.
The construction, use, or location of roads, driveways, bridges, or other structures for the purpose of crossing environmentally sensitive areas.
The use of motorized vehicles including, but not limited to, all-terrain vehicles, motorcycles, snowmobiles, motorbikes, etc.
Any change to the topography of the land.
The location of stormwater detention and retention drainage facilities.
Other activities, uses, or construction which, in the opinion of the Planning Board, threaten the existing environmental or ecological systems in the area.
The Planning Board may require engineering, design, and construction plans to alleviate or mitigate adverse impacts that may be created by the proposed development.
The use of cluster development, in accordance with § 278 of the New York State Town Law, in conjunction with these regulations, shall not be permitted where, in the opinion of the Town Planning Board, the concentration of individual sewage disposal systems may impair groundwater or surface waters.
Consultation and reimbursable costs. The Planning Board may choose at any point in an EPOD review process to request consultants for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specification, or other pertinent matters. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed EPOD or inspection of required improvements shall be charged to the applicant. Estimated fees shall be deposited into an escrow account when making application for preliminary subdivision approval. Such fees may include staff costs or consultant fees covering planning, engineering, environmental analysis, wetland delineation, legal review, and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until costs have been paid. The Town of Owasco shall account for all such funds and shall promptly refund any unexpended funds within 20 business days of final action by the Planning Board.
§ 150-48 Planning Board action on EPOD development permit.
The Planning Board shall have the authority to approve, approve with conditions, or deny an EPOD development permit for regulated activities subject to the standards, criteria, and other factors contained in this article.
Notice of decision.
All decisions shall require the Planning Board to make written findings consistent with the evaluation criteria established in § 150-47.
Where applicable, notice of decisions shall be the same as required for subdivision approval, if required, or for site plan approval if subdivision approval is not required.
Requirements for letter of credit or certified check.
Following approval of an EPOD development permit and prior to the issuance of any building or other permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount determined by the Planning Board to be sufficient to ensure compliance with the provisions of this article and any condition or conditions, including remediation plans that may have been imposed on the activity or project at the time the development permit was issued.
The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the Code Enforcement Officer has inspected the completed work and certified that the activity or project has complied with the requirements of this article and the conditions, if any, set forth in the EPOD development permit, whereupon the letter of credit shall be released or the certified check returned to the permittee.
Should the Code Enforcement Officer determine at the time of inspection of the completed work or project that the EPOD development permit holder did not comply with some or all of the requirements of this article and/or the conditions, if any, set forth in the EPOD development permit, the Planning Board may deduct an amount from the letter of credit or certified check as the Planning Board may determine appropriate as penalty for noncompliance.
The requirement for a letter of credit or similar financial guarantee may be waived by the Town Board upon recommendation of the Town Planning Board.
§ 150-49 Suspension or revocation of permits.
Suspension or revocation of permits. The Code Enforcement Officer may temporarily suspend a development permit if the Code Enforcement Officer determines that the permittee is not complying with any or all terms and/or conditions of such EPOD development permit, has exceeded the authority granted in the approval, or has failed to undertake the project in the manner approved until such time as the Town Planning Board reviews such temporary suspension. The Planning Board shall review such temporary suspension of the EPOD development permit within 30 calendar days. Upon review, if the Planning Board determines that the permittee has failed to comply with any or all terms or conditions of such EPOD development permit, has exceeded the authority granted in the approval, or has failed to undertake the project in the manner approved, the Planning Board may revoke the EPOD development permit after providing the permittee written notice five days in advance. The Planning Board shall notify the permittee in writing of the findings of the Planning Board and the reasons for revoking the EPOD development permit.
Penalties for offenses. Failure to obtain an EPOD development permit shall be considered a zoning violation and shall be subject to penalties as specified elsewhere in this chapter. The violator may be required to restore the environmentally sensitive resource to its original condition at their own expense.
§ 150-50 Integration of procedures.
When circumstances of a proposed development require compliance with the site plan review procedure pursuant to Article V of this chapter and/or the special use permit approval pursuant to Article VI of this chapter, the Planning Board shall attempt to integrate, as appropriate, EPOD development permit review as required by this article with the procedural and submission requirements for such other compliance.