Porter Town City Zoning Code
ARTICLE III
Special District/Development Regulations
§ 200-19 Senior Housing District.
A.
Purpose. The purpose of a Senior Housing District shall be to provide specialized living quarters for elderly and retired citizens who wish to live independently, but who prefer the advantages to be found in living in apartments designed specifically for community living of elderly citizens who do not require specialized continuing medical care. Senior Housing Districts are zoning districts created to accommodate senior housing units. They are unmapped floating districts created by the Town Board of the Town of Porter. A newly created Senior Housing District shall be drawn on the Official Zoning Map only after it has been created by the Town Board. Rezoning is required before any land may be used as a Senior Housing District. The procedure for rezoning to be used is that set forth in § 200-109.
B.
Qualifications for eligibility.
(1)
The Senior Housing District may be applied to any lot or group of contiguous lots having a total area of at least three acres.
(2)
The surrounding land uses, both current and projected, must be compatible with the living environment required by seniors and be free from potential health and safety issues.
C.
Permitted uses.
(1)
Senior citizens dwelling apartments for the express habitation by elderly persons.
(2)
Essential services, including buildings and facilities which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing, and utility system needs of the development.
(3)
In addition, the following accessory uses are permitted, provided that such facilities are restricted in their use to residents of the development and their guests.
(a)
Meeting rooms, multipurpose rooms, lounges, lobby areas or other similar common spaces.
(b)
Game rooms, art and craft rooms, workshops, exercise rooms, libraries or other similar indoor recreation or leisure facilities.
(c)
Outdoor sitting areas, game areas, walking trails or other similar outdoor recreation or leisure facilities.
(4)
The following accessory uses are permitted, provided that such facilities are managed as part of the building or complex of building and restricted in their use to residents of the building or building complex and their guests, and further provided that there are no external advertising signs for such facilities.
(a)
A common kitchen and dining room.
(b)
A beauty and/or barber shop, provided that the maximum floor area devoted to such use is no more than 250 square feet.
(c)
A self-service laundry.
(d)
A coin-operated vending machine room, provided that the maximum floor area devoted to such use is no more than 250 square feet.
(e)
Office space for a visiting doctor, medical infirmary or clinic and/or social service delivery.
D.
Occupancy restrictions.
(1)
Occupancy of dwelling units shall be for residential purposes only.
(a)
Each dwelling unit shall be subject to a recorded deed restriction limiting occupancy to at least one person 55 years of age or older.
(b)
Notwithstanding the provisions of this section, one unit in a development may be occupied by a building superintendent or project manager and his/her family.
E.
Requirements for the Senior Housing District.
(1)
Lot and yard requirements.
(a)
Minimum lot area: three acres.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum front yard setback: 60 feet.
(d)
Minimum side yard setback: 40 feet.
(e)
Minimum rear yard setback: 30 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum lot coverage: 60%.
(h)
Height: No building shall be more than 2 1/2 stories or 35 feet high.
(2)
Density. In each case, the Planning Board shall determine the appropriate unit density. Density shall not exceed 15 dwelling units per acre.
(3)
Common open space. Usable common open space shall be provided at the ratio of 50 square feet per dwelling unit. Such space shall consist of both active and passive recreation amenities such as patio areas, shaded sitting areas, walking and jogging trails.
(4)
Public services.
(a)
The following public services are required:
[1]
Public sewer.
[2]
Stormwater drainage facilities approved by the Engineer for the Town.
[3]
A fire alarm system in each unit with an alarm interconnection to the entire structure and an appropriate county public safety answering point, such as the Niagara County Sheriff's Department.
[4]
Cable television service.
[5]
Telephone service.
(b)
All utilities must be placed underground.
(5)
Design standards.
(a)
Exterior design and architectural design shall provide that no exterior building wall be more than 125 feet long without a minimum six-foot offset.
(b)
Apartment sizes and amenities shall conform to all applicable federal or New York State standards for housing for the well elderly as may be established from time to time.
(c)
All exterior and architectural design plans must be approved by the Planning Board.
(6)
Landscaping. Landscaping shall be approved by the Planning Board. Lot areas which are not required for buildings, structures or parking shall be landscaped with grass, decorative trees or shrubs. A plan which shows the location and plant species of plant material shall be provided.
(7)
Parking ratio. Parking spaces shall be provided at a ratio of 15 parking spaces per dwelling unit, and one visitor parking space per 10 dwelling units.
(8)
Outdoor storage. Any outdoor storage of garbage and rubbish shall be in containers which are enclosed in such a way to be concealed from the public view and inaccessible to children, dogs and vermin. Such appropriate enclosures shall include screens, fences, stockade fences, walls, etc.
(9)
Buffers.
(a)
A ten-foot wide landscaped area shall be provided along all property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. This landscaped area shall be densely planted with a mixture of shrubs and trees. All of these shall be no less than six feet high to create an opaque screen.
(b)
All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and with a branching habit no more than eight feet wide; further, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
(10)
Site plan review. Once land is rezoned, the site plan must be approved by the Planning Board pursuant to § 200-106.
F.
Miscellaneous regulations.
(1)
In any project whereby offering plans for senior citizen multiple residence housing are required to be filed with the New York State Attorney General, the same must be filed with the Town Clerk not less than 96 hours prior to the time when such offering plan shall be filed with the New York State Attorney General.
(2)
The Planning Board may waive or modify standards, if necessary, to comply or adjust to the requirements of state or federally funded projects.
(3)
For all projects within this district, all parking areas, entries, corridors, passages, utility areas and front landscaping must be provided adequate lighting for safety purposes. Lights shall be adjusted so as not to shine onto adjacent properties. Lights must be controlled by a time clock or positive photo cell switching so as to ensure adequate lighting during all dark hours.
(4)
For all projects within this district, any owner of a building or premises used or erected as senior housing designated primarily to provide living and dining accommodations for persons over the age of 55 shall file with the Town Clerk a signed, sworn affidavit, on or before the 1st of January of every year, stating that all senior citizen multiple resident housing requirements mandated by law or by regulations of the Town, County, State, or federal government, or any agencies thereof, are being and will continue to be complied with.
(5)
In any project within this district, a designated utility area shall be provided for laundry purposes. At least one washer and one dryer for every 10 units must be provided.
§ 200-20 Niagara River Environmental Overlay District.
[Amended 3-8-2021 by L.L. No. 4-2021]
A.
Purpose. The purpose of this section is to establish the Niagara River frontage in the Town of Porter as an environmental protection area and to provide special controls over land development located in sensitive areas within this area.
B.
District boundaries. The Niagara River Environmental Overlay District includes all lands located between the western right-of-way line of Lower River Road and the mean low water line of the Niagara River.
C.
Regulated activities in wetlands. No person shall conduct any of the following regulated activities with any designated wetland area along the Niagara River shoreline.
(1)
Any form of draining, dredging, excavation or removal of any natural materials, directly or indirectly, from a wetland.
(2)
Any form of dumping, filling or depositing of any material either directly or indirectly within a wetland.
(3)
The erection or placement of any structures or man-made materials unless in compliance with permitting requirements outlined below.
(4)
Any form of pollution, including but not limited to running an outfall or discharging sewage or other liquid wastes into a wetland.
(5)
Any activity that impairs the natural function of wetlands, whether located within a wetland or not.
(6)
Any activity regulated by § 24-0701 of the New York State Environmental Conservation Law, as amended or changed, and Army Corps of Engineers regulations for activities within federal wetlands.
D.
Regulated activities on high banks. No person shall conduct any of the following regulated activities with any high bank or bluff along the Niagara River shoreline.
(1)
Clearing of or construction on any land area within the overlay district, unless in compliance with permitting requirements outlined below.
(2)
Discharge of stormwater and/or construction and placement of stormwater runoff systems.
E.
Permit requirement.
(1)
No structure shall be erected or made use of except pursuant to a special permit.
(2)
All structures and uses require a permit from the Army Corps of Engineers and the New York State Department of Environmental Conservation.
(3)
A site plan is required showing the use of the top of the high bank, the slope of the bank and the waterfront.
F.
Permitted uses.
(1)
Private boathouse.
(2)
Private dock on a site with at least 50 feet of river frontage for not more than four boats for noncommercial use.
(3)
Private hunting blind.
(4)
Other private recreational structures.
(5)
The above uses shall be accessory uses to a dwelling on the same premises, east or west of Lower River Road.
G.
Height limitations. No structure shall extend above the ground level of the high bank of the Niagara River.
H.
Review. All actions for land development proposed within the boundaries of the Niagara River Environmental Overlay District shall be reviewed and approved by the Town of Porter Planning Board, pursuant to § 200-106 of Article VIII of the Zoning Law.
§ 200-21 Cluster developments.
A.
Intent and purpose. The purpose of cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to further the goals of the Town of Porter's Comprehensive Plan and enhance and preserve the natural and scenic qualities of open land. This includes the preservation of a unique or significant feature of a site such as important woods, wildlife habitat, endangered species, unusual land formations, or an important view or aesthetic/scenic component of the Town. In some instances, the cluster development concept may be utilized to create an important recreational, scenic element or open space buffer for the community. In the RA District, cluster developments may also be used to preserve prime agricultural land. It is not the intent of cluster development to create useless open space that serves no purpose for the citizens of the Town. This development alternative shall result in design and development which promotes the most appropriate use of the land and facilitates the adequate, economical provision of streets and utilities.
B.
Authority. Pursuant to the authority granted by § 278 of Town Law, the Town Board of the Town of Porter does hereby authorize the Planning Board of the Town of Porter to approve cluster development simultaneously with the approval of a plat or plats. Approval of cluster developments shall be subject to the conditions set forth in this chapter and in Town Law § 278, and the subdivision approval process set forth in the Code of the Town of Porter.
C.
Conditions. Cluster development shall not be a use allowed by right. The procedure set forth herein and the authorization of cluster development may be followed and allowed at the discretion of the Planning Board if, and in the Planning Board's judgment, its application would benefit the Town, meet the Town's goals, and the objectives and the purposes of this article. The Planning Board may suggest submission of a cluster development proposal, but may not require cluster development. In addition, an applicant may request Planning Board approval for a cluster development subject to the same criteria as set forth in this section.
D.
Limitations.
(1)
Cluster development may be allowed in the following districts, if and when public sewer is available: LDR, MDR and RA. In the RA District, a central sewer system may be utilized to serve the cluster subdivision at the discretion of the Planning Board and subject to all other codes applicable to such systems.
(2)
The utilization of cluster development shall require a minimum land area of 10 acres.
E.
Density. A cluster development shall result in a permitted number of building lots, which shall not exceed the maximum number which could be permitted, in the Planning Board's judgment, in the zoning district in which the cluster development lies.
F.
Dual plats required. At the time of submission of the sketch plan or in the event that the developer elects or is required to submit a preliminary plan, at the time of such submission, two plans shall be submitted with one layout designating the layout of a standard subdivision in the underlying zoning district and the second layout showing the proposed cluster development.[1]
(1)
Each lot in the standard subdivision layout shall meet the minimum lot size and lot width requirements of the Zoning Law of the Town of Porter for the underlying zoning district.
(2)
The standard subdivision layout shall be utilized to determine the maximum density for the cluster development and shall be consistent with federal, state and Town laws, including, but not limited to, laws regulating:
(a)
Floodways, floodplains;
(b)
Wetlands;
(c)
Subdivision regulations;
(d)
Zoning.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G.
Plat requirements. The plat showing such cluster developments shall depict the areas within which such structures may be located with building footprints, the height and spacing of buildings, open spaces, and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and any other features required by the Planning Board. The dwelling units, as permitted, may be, at the discretion of the Planning Board, in detached, semidetached, attached or multifamily structures.
H.
Layout limitations. Areas which would not be available for construction on standard layout, in the judgment of the Planning Board, must be preserved as open space on the standard subdivision layout, including, but not limited to:[2]
(1)
Portions required for set aside for drainage basins or drainage purposes.
(2)
All streets and rights-of-way (public or private).
(3)
Major utility easements, portions of the developed area which are not available for building because of slopes, soil conditions, or other conditions rendering the area not suitable for development.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I.
Additional requirements. In addition to the above, cluster developments shall meet the following criteria, which shall not be waived by the Planning Board absent a variance from the Zoning Board of Appeals.
(1)
A cluster development shall never set aside less than 30% of the total area of the development for common usage in accordance with the provisions of this chapter (exclusive of lands not available for the conventional layout).
(2)
No structure shall exceed 35 feet in height.
(3)
No structure in a cluster development shall be closer to a preexisting street than a structure in a standard subdivision.
(4)
Frontage and lot area shall be determined by the Planning Board based upon the permissible number of dwelling units, the open space requirements, and compliance with the regulations of this section. However, no lot width for a detached single-family dwelling shall be reduced to less than 60 feet.
(5)
No rear yard shall have a depth of less than 20 feet.
(6)
The minimum width of any side yard shall be 10 feet.
(7)
All structures shall be set back a minimum distance of 45 feet from the center line of the street.
(8)
In addition, for attached single-family dwelling units, and semidetached and detached dwelling units and townhouse units, two-units and greater, the following requirements shall be met:
(a)
These units shall be separated from any existing detached single-family homes by a minimum of 100 feet. Other buffering requirements, such as landscaped berms, may also be required.
(b)
The maximum group length of a single structure shall be 160 feet.
(c)
Proper garbage and waste collection areas must be provided and depicted on the proposed plan.
(d)
A minimum of two off-street parking spaces shall be provided for each unit, either on the lot of each unit or in common parking areas available within 300 feet of the unit for which it is intended. In certain circumstances where adequate on-street parking cannot be provided for visitors, a visitor's parking area may be required by the Planning Board.
(e)
Sidewalks or other types of walkways may be required along the roadways, or connecting features within the development. Such connectivity shall be developed as part of the project.
(f)
All electrical and telephone lines shall be placed underground within the development.
(g)
Applications for these types of developments must include sample architectural elevations of the buildings being proposed for the site. In reviewing these, the Planning Board shall take into consideration their appearance relative to surrounding uses and the impacts on the views from surrounding properties.
(h)
All new roads and utilities being created for a condominium ownership development shall be owned and maintained by the condominium association unless specifically waived by the Town Board.
J.
Open space.
(1)
In reviewing proposed cluster developments, the Planning Board shall evaluate subdivision layout with respect to scenic views, natural landscape features, topography of the site, woodlands, wetlands, other features of the site and other adjacent areas and shall require development in a fashion and manner which it finds will enhance and preserve such features, including, but not limited to:
(a)
Lands adjacent to public parks and other publicly accessible open space.
(b)
Lands adjacent to other dedicated open space areas on adjacent parcels.
(c)
Buffer lands between adjacent active agricultural uses, industrial uses, commercial uses and residential development.
(d)
Lands adjacent to important streams, rivers and creeks.
(2)
The Planning Board may require additional amenities, enhancement of, changes to configuration of and location of open space, to enhance the benefits to the residents and/or the Town derived from the cluster development. Failure or refusal to include such requirements shall result in disapproval of the proposed plan.
(3)
The community open spaces shall be clearly depicted upon the subdivision plan and shall be provided in as large a contiguous land area as possible. The developer shall illustrate on the subdivision plan all improvements to the community open space, including trails, landscaping, incorporation of natural features, recreational facilities, structures, including clubhouses, pools, tennis courts, etc.
(4)
As part of the preliminary plan, the developer shall specify the type of development (condominium, townhouse, landowner's association, etc.) and shall offer basic regulations which will be incorporated into the open space plan.
(5)
At the time of final subdivision approval, the developer shall include a draft of the homeowners' association, condominium offering, or other method utilized to preserve the community open space. Said documents shall clearly provide for a means to fund and preserve the common areas in the intended fashion. Any final approval shall be conditioned on approval of the documents by the Town Attorney, proper recording, and adequate funding of the legal entity controlling common areas.
(6)
All improvements to the community open spaces required to enhance, preserve and make accessible shall be a condition of approval and shall be completed prior to issuance of any building permits in the development. Where the Planning Board finds it necessary, it shall require the posting of a bond or cash deposit in an amount necessary to assure completion and maintenance until the homeowners' association is sufficiently funded to assure such maintenance.
K.
Further restrictions.
(1)
The provision of this section shall not be deemed to authorize a change in the permissible use of such lands as provided elsewhere in the Zoning Law of the Town of Porter applicable to such lands.
(2)
Nothing herein shall supersede any requirements of the subdivision regulations in effect, which may impose additional requirements upon the developer for approval of the proposed subdivision.
(3)
Further subdivision of an approved cluster development shall not be allowed. This shall be indicated on the final subdivision plat and recorded with Niagara County.
Cluster Developments in Zoning Districts  |
§ 200-22 Lake Ontario Environmental Overlay District.
[Added 3-8-2021 by L.L. No. 3-2021]
A.
Purpose. The purpose of this section is to establish the Lake Ontario shoreline in the Town of Porter as an environmental protection area and to provide special controls over land development located in sensitive areas within this overlay district.
B.
District boundaries. The Lake Ontario Environmental Overlay District includes all lands located between Lake Road and the mean low water line or all lands within 500 feet of the mean low water in areas where Lake Road extends further inland.
C.
Regulated activities in wetlands. No person shall conduct any of the following regulated activities within any designated wetland area within the Lake Ontario Environmental Overlay District.
(1)
Any form of draining, dredging, excavation or removal of any natural materials, directly or indirectly, from a wetland.
(2)
Any form of dumping, filling or depositing of any material either directly or indirectly within a wetland.
(3)
The erection or placement of any structures or man-made materials unless in compliance with permitting requirements outlined below.
(4)
Any form of pollution, including but not limited to running an outfall or discharging sewage or other liquid wastes into a wetland.
(5)
Any activity that impairs the natural function of wetlands, whether located within a wetland or not.
(6)
Any activity regulated by § 24-0701 of the New York State Environmental Conservation Law, as amended or changed, and by the Army Corps of Engineers regulations for activities within federal wetlands.
D.
Regulated activities on bluffs or high banks. No person shall conduct any of the following regulated activities on any bluff or high bank within the Lake Ontario Environmental Overlay District without direct approval or a permit from the Town of Porter or the New York State Department of Environmental Conservation.
(1)
Excavating, grading or mining of bluffs is prohibited, except where:
(a)
The minor alteration of a bluff is done in accordance with conditions stated in a coastal erosion management permit issued for the construction of erosion protection structures;
(b)
The normal maintenance of structures, or restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion, is authorized by the New York State Department of Environmental Conservation.
(2)
New construction, modification or restoration of erosion protection structures, walkways and stairways.
(3)
Disturbance of active bird nesting and breeding areas unless such disturbance is pursuant to a specific wildlife management activity approved by the New York State Department of Environmental Conservation.
(4)
The construction or placement of any sewage disposal systems, including individual septic tanks or septic drainage or leach fields.
(5)
Discharge of stormwater and/or construction and placement of stormwater runoff systems.
(6)
Construction of new buildings or structures or additions and modifications to existing buildings and structure within 25 feet of the receding edge of a bluff or in areas with slopes exceeding 15%.
(7)
Planting of stabilizing vegetation landward of the receding edge of bluffs and high banks, or in combination with other measures at the toe of a bluff or high bank, as a nonstructural means of erosion protection is encouraged.
E.
Regulated activities on nearshore areas and beaches. No person shall conduct any of the following regulated activities on or within any beach or nearshore areas within the Lake Ontario Environmental Overlay District without direct approval or a permit from the Town of Porter or the New York State Department of Environmental Conservation.
(1)
Excavating, grading or mining that would diminish the erosion protection afforded by beaches or nearshore areas.
(2)
All development is prohibited on beaches or within nearshore areas.
(3)
A coastal erosion management permit is required for new construction, modification or restoration of docks, seawalls, bulkheads, and revetments.
F.
Review. All actions for land development proposed within the boundaries of the Lake Ontario Environmental Overlay District shall be reviewed and approved by the Town of Porter Planning Board, pursuant to § 200-106 of this chapter (site plan review).
§ 200-23 Local Waterfront Revitalization Program consistency review.
[Added 3-8-2021 by L.L. No. 5-2021]
A.
Title. This section will be known as the "Town of Porter Local Waterfront Revitalization Program (LWRP) Consistency Review Law."
B.
Authority and purpose.
(1)
This section is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).
(2)
The purpose of this section is to provide a framework for agencies of the Town of Porter to incorporate the policies and purposes contained in the Town of Porter Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions within the Waterfront Revitalization Area (WRA); and to assure that such actions and direct actions by Town agencies are consistent with the LWRP policies and purposes.
(3)
It is the intention of the Town of Porter that the preservation, enhancement and utilization of the unique waterfront of the Town take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate growth and economic development. Accordingly, this section is intended to achieve such a balance, permitting the beneficial use of waterfront resources while preventing: loss and degradation of living waterfront resources and wildlife; diminution of open space areas or public access to the waterfront; adverse impacts to public recreation facilities and amenities; disruption of natural waterfront processes; impairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems.
(4)
The substantive provisions of this section shall only apply when there is in existence a Town of Porter Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACTION
Include all the following, except minor actions:
(1)
Projects or physical activities, such as construction or any other activities that may affect natural, man-made or other resources in the WRA or the environment by changing the use, appearance or condition of any resource or structure that:
(a)
Are directly undertaken by an agency; or
(b)
Involve funding by an agency; or
(c)
Require one or more new or modified approvals, permits, or review from an agency or agencies;
(2)
Agency planning and policymaking activities that may affect the environment and commit the agency to a definite course of future decisions;
(3)
Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect WRA resources or the environment; and
(4)
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer of the Town of Porter.
CODE ENFORCEMENT OFFICER
The Building Inspector or Code Enforcement Office of the Town of Porter who is responsible for coordinating the review of actions proposed in the WRA for consistency with the Town of Porter LWRP.
CONSISTENT
The action will fully comply with the LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rulemaking, procedure making and policymaking.
ENVIRONMENT
All conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the waterfront area.
LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP
The Local Waterfront Revitalization Program adopted by the Town of Porter and approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the office of the Clerk of the Town of Porter.
MINOR ACTIONS
Include the following actions, which are not subject to review under this section:
(1)
Maintenance or repair involving no substantial changes to an existing structure or facility;
(2)
Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures located within designated coastal erosion hazard areas or in areas designated by the Flood Damage Prevention Law (Chapter 93 of the Town Code) where structures may not be replaced, rehabilitated or reconstructed without a permit and, where required, modifications in accordance with the law;
(3)
Repaving or widening of existing paved highways not involving the addition of new travel lanes;
(4)
Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities;
(5)
Maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas;
(6)
Granting of individual setback and lot line variances, except in relation to a regulated natural feature;
(7)
Minor temporary uses of land having negligible or no permanent impact on WRA resources or the environment;
(8)
Installation of traffic control devices on existing streets, roads and highways;
(9)
Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;
(10)
Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, building inspection studies, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action;
(11)
Official acts of a ministerial nature involving no exercise of discretion, including building permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code;
(12)
Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;
(13)
Conducting concurrent environmental, building inspection, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action;
(14)
Collective bargaining activities;
(15)
Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt;
(16)
Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession;
(17)
Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials;
(18)
Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;
(19)
Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entities or permits the project sponsor to commence the action unless and until all requirements of this section have been fulfilled;
(20)
Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;
(21)
Adoption of a moratorium on land development or construction;
(22)
Interpreting an existing code, rule or regulation;
(23)
Designation of local landmarks or their inclusion within historic districts;
(24)
Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to LWRA resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this section; and
(25)
Local legislative decisions, such as rezoning, where the Porter Town Board determines the action will not be approved.
WATERFRONT ASSESSMENT FORM or WAF
The form appended to this section,[1] used by an agency or other entity to assist in determining the consistency of an action with the Town of Porter Local Waterfront Revitalization Program.
WATERFRONT REVITALIZATION AREA
That portion of New York State coastal waters and adjacent shorelands, as defined in Article 42 of the Executive Law, which is located within the boundaries of the Town of Porter, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Porter Waterfront Revitalization Program.
[1]
Editor's Note: Said form is on file in the Town offices.
D.
Management and coordination of the LWRP.
(1)
The Town of Porter Code Enforcement Officer shall be responsible for overall management and coordination of the LWRP.
(2)
The Code Enforcement Officer, in consultation with the Town Planning Board as necessary, shall inform the Town Board on implementation priorities, work assignments, timetables and budgetary requirements of the LWRP. The Code Enforcement Officer shall also act in the capacity of liaison between the Town Board and Town agencies to further the implementation of the LWRP.
(3)
The Town of Porter Code Enforcement Officer shall advise and assist applicants and make consistency review recommendations to the appropriate agencies for the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program. No approval or decision shall be rendered for a proposed action in the Porter waterfront area without the issuance of a written determination of consistency.
(4)
The Code Enforcement Officer shall coordinate with the New York State Department of State regarding the consistency review of actions proposed by federal agencies, local agencies and other state agencies. Coordination shall include the provision of an informal opinion on the proposed action to the NYSDOS, at their request, within 15 days of said request, regardless of any requirement for a local consistency decision.
(5)
The Code Enforcement Officer, with assistance as needed from the Town Planning Board, shall coordinate with the Town Grants Consultant and Town Engineer to assist the Town Board in making applications for funding from state, federal, or other sources to finance projects under the LWRP.
(6)
The Code Enforcement Officer, with assistance from the Planning Board as required, shall prepare an annual report on progress achieved and problems encountered in implementing the LWRP and recommend actions necessary for further implementation to the Town Board and Waterfront Advisory Committee, if such a committee has been designated with LWRP oversight.
(7)
The Code Enforcement Officer shall perform other functions regarding the waterfront area and direct such actions or projects as the Town Board may deem appropriate to implement the LWRP.
(8)
In order to foster a strong relationship and maintain an active liaison among the agencies responsible for implementation of the LWRP, and to ensure that the LWRP continues to meet the needs of the community, the Code Enforcement Officer or official designee shall schedule, at least semiannually, an LWRP coordinating workshop, including but not limited to representatives of the Town Board, Planning Board, Zoning Board of Appeals, and such other departments or individuals charged with LWRP implementation.
E.
Review of actions.
(1)
Whenever a proposed action is located in the Waterfront Revitalization Area, the appropriate Town agency shall, prior to approving, funding or undertaking the action, make a determination that the action is consistent with the LWRP policy standards, which are summarized in Subsection E(10) below. No action in the Waterfront Revitalization Area shall be approved, funded or undertaken by an agency without such a determination.
(2)
The Code Enforcement Officer shall be responsible for coordinating the review of actions in the Town of Porter Waterfront Revitalization Area with the LWRP and will advise, assist and make consistency recommendations for other Town agencies for the implementation of the LWRP and its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.
(3)
Whenever the Town receives an application for the approval or funding of an action, or as early as possible in any agency's formulation of a direct action to be undertaken in the waterfront area, the application and all project information, along with a copy of the completed waterfront assessment form (WAF) and environmental assessment form, shall be provided to the Code Enforcement Officer for review for completeness. Where necessary, the Code Enforcement Officer will request additional materials or revisions to the application documentation to meet submittal requirements.
(4)
The Code Enforcement Officer, in referring applications for approval, funding or direct action to an agency, shall provide recommendations for consistency determination. These recommendations shall indicate whether, in the opinion of the Code Enforcement Officer, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives outlined in Subsection E(10), below, and shall elaborate in writing the basis for this opinion. The Code Enforcement Officer shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them.
(5)
If an action requires the approval of more than one agency, decisionmaking will be coordinated between the agencies as to which agency will conduct the final consistency review and determination and, thereafter, act as the designated consistency review agency. Only one WAF per action will be prepared. If the agencies cannot agree on which one should take the lead, the Code Enforcement Officer shall designate the consistency review agency.
(6)
Upon the recommendations of the Code Enforcement Officer, the agency shall review the application documentation in accordance with this section and the LWRP policy standards and consider whether the proposed action is consistent with the LWRP. Prior to making a final determination of consistency, the agency shall consider the consistency review recommendations of the Code Enforcement Officer. The Town agency shall render its written determination based on the information contained in the WAF, the Code Enforcement Officer's recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the Waterfront Revitalization Area without a determination of consistency, as made by the designated agency.
(7)
The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this section. The Zoning Board of Appeals shall consult with the Town Code Enforcement Officer and consider written consistency recommendations of this entity prior to making a decision to grant any variance for any action proposed in the Waterfront Revitalization Area and shall impose appropriate conditions on the variance to make the proposed activity consistent with the LWRP policy standards and objectives.
(8)
Where an environmental impact statement (EIS) is being prepared or required pursuant to SEQRA, the draft EIS must identify applicable LWRP policy standards summarized in Subsection E(10) below and must include a discussion of the effects of the proposed action on such policy standards. No agency shall make a final decision on an action that has been the subject of a final EIS and is located in the waterfront area until the agency has made a written finding of consistency review, in accordance with the provisions of this section.
(9)
In the event the Code Enforcement Officer's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, said agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is inconsistent with the LWRP policy standards. Where an action is found to be inconsistent with one or more LWRP policy standards, such action shall not be approved, funded or undertaken unless modified to be consistent with the LWRP, as determined by the reviewing agency.
(10)
Actions to be undertaken within the Waterfront Revitalization Area shall be evaluated for consistency in accordance with the following LWRP policy standards, which are further explained and described in the Town of Porter LWRP, a copy of which is posted on the Town's website and is on file in the Town Clerk's office and available for inspection during normal business hours. Applicants that undertake direct actions must also consult with the Town of Porter Code Enforcement Officer in making their consistency determination. All actions proposed within the Town of Porter waterfront area must be consistent with the LWRP policies outlined below.
DEVELOPMENT POLICIES | |
|---|---|
Policy 1 | Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses |
Policy 1A | Promote uses that serve as a catalyst to private investment and are compatible with the character of the area |
Policy 2 | Retain, develop and promote water-dependent uses and facilities on or adjacent to coastal waters |
Policy 2A | Promote water-enhanced uses that support and don't complete for space with nearby water-dependent commercial and recreational uses |
Policy 3 | Ensure that development occurs in areas where public infrastructure essential to support such development is available |
Policy 3A | Residential development will be encouraged in areas located north and south of the Village of Youngstown where adequate public infrastructure exists to support it |
Policy 4 | Streamline and expedite permit procedures to facilitate development activities at suitable locations |
FISH AND WILDLIFE POLICIES | |
Policy 5 | Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored to maintain their viability as habitats |
Policy 5A | The Four Mile Creek Bay Significant Coastal Fish and Wildlife Habitat shall be protected, preserved, and, where practical, restored to maintain its viability as a habitat |
Policy 6 | Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sublethal or lethal effects on those resources |
Policy 7 | Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources |
FLOODING AND EROSION POLICIES | |
Policy 8 | Buildings and other structures will be sited in the Porter WRA to minimize damage to property and the endangering of human lives caused by flooding and erosion |
Policy 9 | Activities or development in the coastal area will be undertaken to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features, including beaches, dunes, barrier islands and bluffs |
Policy 10 | The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least 30 years as demonstrated in design and construction standards and/or assured maintenance or replacement programs |
Policy 11 | Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations |
Policy 12 | Mining, excavation or dredging in the Porter WRA shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land |
Policy 13 | Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long-term monetary and other costs, including the potential for increasing erosion and adverse effects on natural protective features |
Policy 14 | Nonstructural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible |
GENERAL POLICY | |
Policy 15 | To safeguard the vital economic, social and environmental interests of the state and of its citizens, proposed major actions in the Porter WRA must give full consideration to those interests, and to the safeguards that the state has established to protect valuable coastal resource areas |
PUBLIC ACCESS POLICIES | |
Policy 16 | Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities |
Policy 17 | Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided, and it shall be provided in a manner compatible with adjoining uses |
RECREATION POLICIES | |
Policy 18 | Water-dependent and water-enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related used along the coast |
Policy 18A | Maintain, and, where appropriate, expand, water-dependent recreational uses and facilities |
Policy 19 | Development, when located adjacent to the shore, will provide for water-related recreation, whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development |
HISTORIC AND SCENIC RESOURCES POLICIES | |
Policy 20 | Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the state, its communities, or the nation |
Policy 21 | Protect, restore or enhance natural and man-made scenic resources that are not identified as being of statewide significance, but that contribute to the overall scenic quality of the Porter WRA |
AGRICULTURAL LANDS POLICY | |
Policy 22 | Conserve and protect agricultural lands in the Porter WRA |
ENERGY AND ICE MANAGEMENT POLICIES | |
Policy 23 | Decisions on the siting and construction of major energy facilities in the Porter WRA will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location |
Policy 24 | Ice management practices shall not interfere with the production of hydroelectric power, damage significant fish and wildlife and their habitats, or increase shoreline erosion or flooding |
Policy 25 | The development of offshore uses and resources, including renewable energy resources, shall accommodate New York State's long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York |
WATER AND AIR RESOURCES POLICIES | |
Policy 26 | Municipal, industrial, and commercial discharge of pollutants, including, but not limited to, toxic and hazardous substances, into coastal waters will conform to state and national water qualify standards |
Policy 27 | State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint |
Policy 28 | Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities |
Policy 29 | Best management practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters |
Policy 30 | Discharge of waste materials into coastal waters from vessels subject to state jurisdiction will be limited to protect significant fish and wildlife habitats, recreational areas and water supply areas |
Policy 31 | Dredging and filling in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing state dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands |
Policy 32 | Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur |
Policy 33 | Best management practices will be utilized to minimize the nonpoint discharge of excess nutrients, organics and eroded soils into coastal waters |
Policy 34 | The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within the Porter WRA will be conducted in such a manner to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural land, and scenic resources |
Policy 35 | Land use or development in the coastal area will not cause national or state air quality standards to be violated |
Policy 36 | Coastal management policies will be considered if the state reclassifies land areas pursuant to the Prevention of Significant Deterioration regulations of the Federal Clean Air Act |
WETLANDS POLICY | |
Policy 37 | Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas |
F.
Enforcement. The Town Attorney and Town Code Enforcement Officer shall be responsible for enforcing this section. No action within the Town of Porter Waterfront Revitalization Area, which is subject to review under this section, shall proceed until a written determination has been issued from the designated agency that the action is consistent with the Town's LWRP policy standards. In the event that an activity is being performed in violation of this section or any conditions imposed thereunder, the Code Enforcement Officer or any other authorized official of the Town shall issue a stop-work order and all work shall immediately cease. No further work or activity shall be undertaken on the project so long as a stop-work order is in effect.
G.
Violations; penalties for offenses.
(1)
A person who violates any of the provisions of, or who fails to comply with any condition imposed by, this section shall have committed a violation, punishable by a fine not exceeding $500 for a conviction of a first offense and punishable by a fine of $1,000 for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional violation.
(2)
The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this section. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.