The provisions of this article and Chapter 115, Flood Damage Prevention, incorporated herein by reference, shall apply in addition to any other zoning or building regulations applicable and shall take precedence over any other provisions of this chapter or any other local law, ordinance or code to the extent that the provisions of this article are inconsistent with such other provisions.

No building permit involving new construction of or substantial improvements to a building or structure and no application for subdivision approval or other proposed new development and no new or replacement water supply system or sanitary sewage system which is permitted within the Village by any provision of this chapter shall be permitted within a Floodway-Fringe FF-O Overzone without a floodway permit having been issued pursuant to the provisions of this article.

Review of building permits. All applications for building permits involving new construction of or substantial improvements to a building or structure in the Floodway Fringe FF-O Overzone shall be reviewed by the Code Enforcement Officer to determine whether the proposed building or structure will be reasonably safe from flooding and comply in all respects with said Chapter 115, Flood Damage Prevention.

Review of subdivisions and new developments. All applications for subdivision approval and other proposals involving new development in the Floodway-Fringe FF-O Overzone shall be reviewed by the Code Enforcement Officer and the Planning Board to assure that all such proposals are consistent with the need to minimize flood damage and comply in all respects with said Chapter 115, Flood Damage Prevention.

Review of water supply and sanitary sewage systems. The Planning Board and Code Enforcement Officer shall review all plans for new or replacement water supply systems or sanitary sewage systems to determine that such systems are designed, located and comply in all respects with said Chapter 115, Flood Damage Prevention.

Review by Village Engineer and/or other consultant(s). The Code Enforcement Officer and/or Planning Board may refer any application for a floodway permit to the Village Engineer and/or other appropriate consultant(s) as he or it determines to be necessary.

Fees. Applicant shall pay for all engineering costs incurred by the Village for the administration of this Article VI in relation to such application before receiving a final determination of such application.

Nothing in this § 225-19 shall give the Village or any other public entity the right to enter upon, use, or condemn any property in the Skaneateles Creek Overzone.

Nothing in this section shall authorize the Village to require that land in the SC-O Overzone be dedicated to public use, except as may ordinarily occur in connection with laying out street rights-of-way, sidewalks, utility easements, and drainageways.

The Village may negotiate with landowners for the voluntary sale or donation of land or interests in land (including conservation easements) and may require that land be reserved from development in connection with any land use approval, consistent with the requirements of the Fifth and Fourteenth Amendments of the United States Constitution, the New York State Constitution, and other applicable laws.

In considering an application for any form of development, including a zoning permit, the reviewing board or official shall take into consideration the importance of protecting the Skaneateles Creek corridor as a water resource, wildlife and plant habitat, scenic area, and potential trail corridor and may require the applicant to locate structures and take other necessary measures to protect these resources. Such measures may include requiring a cluster subdivision.

In order to fulfill the purposes of this § 225-19, the Planning Board, Village Board, Zoning Board of Appeals, or Code Enforcement Officer may modify front yard, side yard, or rear yard (not stream) setbacks.

Within the SC-O Overzone, the reviewing board shall designate "no-build areas" on all subdivision plats and site plans, showing areas unacceptable for site disturbance and construction. Within such no-build areas, site disturbance may occur only as needed for trails or as minimally necessary for construction of driveways, utilities, and other structures that cannot practically be located elsewhere. Fences shall not be located in a manner that would hamper the future creation of a trail corridor or easement through the SC-O Overzone. Fences should generally be located parallel to the Skaneateles Creek outside the SC-O Overzone.

Before granting approval of any subdivision, special permit, site plan, variance, or zoning amendment that includes land wholly or partially located within the SC-O Overzone, the reviewing board shall impose appropriate conditions and make a written finding that the proposed development has been designed in a manner that minimizes damage to the Skaneateles Creek corridor and that does not hamper future use of the SC-O Overzone for trail purposes.

Such conditions may include a requirement that a conservation easement (as provided in § 225-36D) be granted by the applicant to protect all or a portion of the land within the SC-O Overzone. Such conditions shall not deprive the applicant of economically viable use of the property.

Any activity for which a building permit is required, or which involves the disturbance of 500 square feet or more of land within 300 feet of the lake line or a watercourse, shall be required to satisfy the requirements of this section.

Any activity which involves the disturbance of 3,000 square feet or more of land within the Skaneateles Lake Watershed Overzone shall be required to obtain a site plan approval from the Planning Board.

The provisions of this section shall be administered by the Code Enforcement Officer.

Where an activity is subject to the requirements of this section and also subject to the review or approval of the Village Board, the Village Planning Board, the Village Zoning Board of Appeals or other board or official of the Village of Skaneateles (the "reviewing board or official"), the reviewing board or official shall consider the requirements of this section in making its decision. Where an activity regulated by this section is granted an approval by a reviewing board or official, the approval may include such conditions as may be necessary to ensure compliance with the requirements in this section.

In administering this section, the reviewing board or official shall consult with appropriate experts as necessary to ensure compliance with this section. Such experts may include the Onondaga County Soil and Water Conservation District, the Village Engineer, or other professional engineers, hydrologists, geologists, or specialists in related disciplines. Where an approval by a board is required, the board may charge the applicant for the reasonable cost of such consultation.

Activities regulated by this section shall comply with the Watershed Rules and Regulations of the City of Syracuse ("Syracuse") (as they existed on August 31, 2004) and applicable regulations of the New York State Department of Environmental Conservation ("DEC") and Onondaga County Health Department ("DOH"), and the proponent shall present evidence of that compliance to the Code Enforcement Officer. If such compliance requires the proponent to make formal submittal to Syracuse, DEC or DOH, the proponent shall request that any response be copied to the Code Enforcement Officer within 30 days of submittal. The Code Enforcement Officer shall forward any such response to the reviewing board or official for consideration in acting on the proposal. If no response is received within 30 days of submittal, the reviewing board or official may act on the proposal without waiting for response. Any term used in this Section which is defined in the Watershed Rules and Regulations of the City of Syracuse, but not in this section, shall carry the meaning given in the Syracuse definition.

Prevention of non-point source pollution.

Designation of acceptable site disturbance areas. In order to fulfill the purposes of this section, the reviewing board or official shall designate acceptable areas for site disturbance and construction on all subdivision plans, site plans, plot plans, or other maps or plans showing proposed construction or landscape alteration. All land outside of the acceptable site disturbance areas shall be designated as "no-disturbance" areas in which site disturbance may occur only as minimally necessary for construction of driveways, trails, utilities, fences, and other structures that cannot practically be located within the designated site disturbance area. The performance criteria in Subsection E(1) above shall govern the selection of appropriate areas of site disturbance.

In granting approval of any subdivision, special use permit, site plan approval, variance, or zoning amendment that includes land located within the SL-O District, a reviewing board or official shall impose appropriate conditions to ensure that the proposed development has been designed in a manner that minimizes damage to water resources and satisfies the requirements in Subsection D.

Such conditions may include creation of a conservation easement to protect water quality.

Any activity requiring a building permit pursuant to § 76-11 of the Municipal Code of the Village of Skaneateles proposed within 100 feet of the lake line, and any change of grade covering an area greater than 500 square feet proposed within 100 feet of the lake line, shall require a site plan approval from the Planning Board.

No site plan approval and building permit shall be issued unless applicable permit requirements of the New York State Department of Environmental Conservation, the New York State Office of General Services, the United States Army Corps of Engineers, and the Watershed Rules and Regulations of the City of Syracuse (as they existed on September 1, 2004) have been satisfied.

Pump houses that do not exceed 50 square feet in floor area;

Gazebos, patios and decks, which shall be considered structures for the purpose of calculating open space percentage;

Stairways, seawalls, retaining walls and walkways, which shall be considered structures for the purpose of calculating open space percentage;

Fences, to the extent granted a special use permit by the Zoning Board of Appeals;

Storage buildings not exceeding 100 square feet in floor area;

Boathouses;

Permanent docks, temporary docks and marine railways;

Children's playground equipment not to exceed 100 square feet in overall play area; and

Flagpoles.

Minimum open space percentage. Open space within the Lakeshore Setback Zone shall be no less than 90%.

Height. No structure, other than a boathouse located within 100 feet of the lake line, shall exceed 12 feet in height at the lowest horizontal eave line, measured from the average elevation of all finished grade elevations around the periphery of the building.

No structure shall be permitted offshore other than a temporary or permanent dock or a marine railway, and the stairs leading to such dock and/or marine railway. The following general requirements, as well as the specific requirements in Subsection E(4) and (5) below, shall apply to all such offshore structures:

Boathouses.

Docks. No permanent or temporary dock shall extend offshore more than 80 feet from the lake line. The maximum surface area of a permanent dock shall be 600 square feet, including any walkway, but excluding any portion of the structure which extends inland from the lake line. No dock shall exceed eight feet in width. No lateral projections of a dock shall exceed 25 feet. Treated lumber, when used for the construction of docks, shall be the sealed, non-leaching type. No structure shall be constructed on a dock.

No owners of the upland property shall fail to completely remove any pilings, floats and/or any other related components which are abandoned or fall into disuse.

No person shall fail to comply with any special conditions attached to any authorization issued for the construction of a dock or boathouse.

A permit is not required for repairs above the mean high-water mark to an existing dock if such repairs do not alter its size, shape, or location.

Such dock or boathouse shall be used exclusively by the owner or occupant of the property to which it is accessory for any number of boats owned by the owner or occupant of the property, except that the owner or occupant of the property may permit such dock to be used by not more than one boat without limitation of time owned by another person on condition that no fee, charge or remuneration is paid or received.

Such dock or boathouse may not be used for any commercial purposes, except where a marine services or transient dock facility under license by the Village has been approved by special use permit.

So long as all other requirements of this chapter are met, no permit is required for temporary docks.

Any lawfully preexisting, permanent, nonconforming, onshore and offshore structures may continue to exist as set forth in the Village Code. Any future modifications must meet the requirements of this chapter.

Notwithstanding anything herein to the contrary, any lawfully preexisting rental arrangement for boat slips within a boathouse in the Downtown D Zoning District may continue to exist as set forth in the Village Code so long as the rental time period is not less than 30 continuous days. Owners or occupants seeking to continue with said rental arrangements must provide documentation to the Village Code Enforcement Office reflecting its preexisting nature.

No Village permit is required for moorings. Moorings will continue to be subject to the authority of the New York State Office of Parks and Recreation, the New York State Department of Environmental Conservation, the Onondaga County Sheriff's Department, and/or any other New York State or county agency having jurisdiction.