Stony Point City Zoning Code
ARTICLE XI
Landscaping; Environmental Control; Swimming Pools; Floodplains
§ 215-67 General landscaping and environmental control requirements.
[Amended 10-8-2013 by L.L. No. 2-2013]
A.
General requirements. Pursuant to the provisions of § 274-a of the Town Law and § 215-140 of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.[1]
§ 215-68 Landscaping and erosion and sedimentation control.
[Amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
The minimum landscape requirements and erosion and sedimentation controls for any use requiring site development plan approval are a general guide only and may be waived or varied by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of this chapter. The minimum landscape requirements and erosion and sedimentation controls for any use requiring site development plan approval may be waived or varied by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of this chapter and shall be no less protective of the environment. The Planning Board minutes shall contain an identification of the special characteristics on which such waiver or variation is based.
§ 215-69 State environmental quality review.
The provisions of the State Environmental Quality Review Act (SEQRA) shall be complied with as appropriate. Fees for SEQRA processing are in addition to other fees required by this chapter as set forth in the Standard Schedule of Fees of the Town of Stony Point.[1]
§ 215-70 Swimming pools.
No person shall maintain a swimming pool unless the safeguards set forth herein are observed:
A.
All in-ground swimming pools and any pool that is not above the ground shall be encompassed within a permanent protective fence so that the entire perimeter of the swimming pool shall be surrounded thereby.
[Amended 5-8-1990]
B.
Aboveground pools need not be fenced, provided that the pool itself is so constructed that, when not attended by a person of suitable age, the steps or ladder to the pool shall be removed or raised in such fashion so that access cannot be gained.
C.
All fences and other safeguards referred to herein must be approved in writing by the Building Inspector of the Town of Stony Point.
§ 215-71 Floodplains.
§ 215-72 Freshwater wetlands protection and buffer requirements.
[Added 3-9-1993 by L.L. No. 3-1993; amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000; 10-8-2013 by L.L. No. 2-2013]
A.
Any lot or site containing freshwater wetlands shall comply with the requirements of Chapter 116, Freshwater Wetlands. Any wetland located within the Town of Stony Point is deemed a freshwater wetland and shall be subject to the requirements contained in Chapter 116 and the regulations contained herein.
B.
The following additional standards shall apply to freshwater wetlands located in the Town of Stony Point. These regulations are in addition to any requirements that may be imposed by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers (ACOE) for activities effecting freshwater wetlands regulated by said agencies. Where a conflict exists, the regulations that are most protective of freshwater wetlands shall apply.
(1)
It shall be a matter of Town policy to limit disturbance in close proximity to any freshwater wetland in the Town. No building, structure or impervious surfaces shall be situated, nor shall grading of land or clearcutting of vegetation be permitted within the required wetland conservation buffer areas established herein. For any freshwater wetland regulated by the New York State Department of Environmental Conservation or equal to or greater than 12.4 acres in size, the minimum freshwater wetland conservation buffer shall be 100 feet. For any freshwater wetland regulated by the United States Army Corps of Engineers, the freshwater wetland conservation buffer shall be in accordance with any conditions established by said agency as part of its permitting process.
(2)
Regulated activities. No building permit shall be issued, nor shall any site plan or subdivision plan be approved except in conformity with these regulations. The following activities shall not be permitted within a wetland conservation buffer without first obtaining Planning Board approval:
(a)
The construction of a building, structure or impervious surface or grading or filling activities exceeding 200 square feet.
(b)
Any disturbance exceeding 500 square feet shall require Planning Board approval. The maximum amount of fill placed within a wetland conservation buffer shall not exceed 100 cubic yards.
(c)
Clearcutting of existing vegetation exceeding 10% of the wetland conservation buffer; however, in no case shall said disturbance be conducted within 25 feet of the streambank.
(3)
Town Engineer approval required for utility installation within a wetland conservation buffer for existing uses. Drainage by ditches, underdrains or other systems shall be approved by the Town Engineer in accordance with § 215-102 of this Zoning Chapter. Disturbance shall be minimized to the maximum extent practicable. Nothing herein shall be construed to permit alteration to the stream's natural course. Subsequent to installation, the disturbed area of the stream conservation buffer shall be restored to its natural state.
(4)
For regulated activities, the distances established herein shall be considered the minimum setback and may be increased depending on the nature of the terrain, the proposed disturbance and potential impacts to the stream that may result.
(5)
These regulations are in addition to any regulations or requirements that may be imposed by the New York State Department of Environmental Conservation, the United States Army Corps of Engineers or other county, state or federal agency for activities affecting streams. Where any conflict exists, the regulations that are more protective of the area regulated herein shall apply.
(6)
Grandfathered existing improvements. The provisions of this section shall not apply to any land use, improvement or development that has been physically completed prior to the effective date of these provisions. As used in this section, "physically completed" shall mean the actual completion of construction activities related to a regulated activity, including filling, erecting structures or other improvement or development activities.
(7)
Grandfathered subdivisions, site plans and building permits. An applicant shall not be subject to these requirements where the applicant has been issued a building permit within three years from the effective date of this chapter for property that has preliminary or final subdivision approval or site plan approval. For subdivisions with preliminary approval, the grandfather period shall be extended for three years commencing on the date that final subdivision approval is granted. Nothing herein shall permit the issuance of a building permit for an activity that does not meet these regulations within a subdivision or site plan for which approval has expired. Any property which does not require site or subdivision plan approval, has been issued a building permit and does not conform to these regulations, shall be grandfathered for three years from the effective date of this section or until the building permit expires, whichever is less.
(8)
Exempted activities. The following activities shall be exempted from the provisions of this section:
(a)
The construction of a building, structure or impervious surface equal to or less than 200 square feet.
(b)
Grading or filling activities equal to or less than 200 square feet.
(c)
Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence.
(d)
Selective cutting to remove dead branches or vegetation or to remove a hazard, e.g., removal of a dead tree to avoid damage to a property.
(e)
Activities exempted from permit by § 24-0701 of Title 7 of Article 24, Freshwater Wetlands, of the Environmental Conservation Law.
(f)
Routine maintenance of grandfathered existing improvements.
C.
Except as otherwise exempted above, disturbance to the wetland conservation buffer shall require approval by resolution of the Planning Board. In making its determination, the Planning Board shall consider the following:
(1)
Alternative location. The Planning Board shall consider reasonable alternative locations for said structures, buildings or proposed disturbance. The Planning Board shall determine whether the proposed activity may be situated in another portion of the property and located outside the stream conservation buffer.
(2)
Infrastructure requirements. The Planning Board may approve disturbance to the wetland conservation buffer for construction of utility lines requiring discharge to a stream, e.g., minor clearcutting activities to install a stormwater management structure or, where there are no alternative locations, to situate proposed infrastructure, e.g., a septic field.
(3)
Other activities. The Planning Board may approve wetland restoration projects, water quality monitoring and stream gauging, removal of individual trees which are in danger of falling or may cause damage to dwellings or other structures or block stream flow, or similar activities which will have a minor negligible impact on the wetland's function or its water quality.
D.
Disturbance to be mapped. The applicant shall submit a property survey showing the general extent of the area to be disturbed and distance to the wetland. The Planning Board may require the submission of additional information, e.g., topography, if necessary to review the potential impact associated with the disturbance.
E.
The Planning Board shall establish such conditions as may be necessary to minimize or mitigate disturbance to the wetland conservation buffer. The Planning Board may require that the area be flagged or otherwise be demarcated to identify the limits of disturbance as a condition of an approval.
F.
The Planning Board may approve disturbance to the wetland conservation buffer as part of a site plan or subdivision application approval and shall make the same findings as required in § 215-72.1B above.
G.
Nothing herein shall be construed to permit disturbances to a wetland or its conservation buffer otherwise regulated by other local, county, state or federal agencies. Where a conflict may exist, the regulations that are most protective of the environment shall apply.
H.
Disturbance to the wetland conservation buffer shall require approval by resolution of the Planning Board. In considering the need for said disturbance, the Planning Board shall consider:
I.
The Planning Board shall establish such conditions as may be necessary to minimize disturbance to the wetland conservation buffer, including a delineation of the area to be disturbed prior to work being conducted. The applicant shall obtain all relevant state or federal permits prior to an approval being granted.
§ 215-72.1 Stream protection.
[Added 5-9-2000 by L.L. No. 2-2000; amended 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000; 10-8-2013 by L.L. No. 2-2013]
A.
Purpose. Stream and riparian areas, the habitat bordering streams, are critical for water quality protection, erosion control, and as a living environment for many species of birds and wildlife. The riparian area adjacent to the stream shall be herein referred to as the stream conservation buffer. One of the most important methods of protecting stream quality is to limit stream disturbance within close proximity to a stream and its riparian area. The New York State Department of Environmental Conservation has established a water quality classification system for streams and designated the streams in the Town of Stony Point in accordance with this system.
(1)
Stream conservation buffer area. No building permit shall be issued, nor shall any site plan or subdivision plan be approved, except in conformity with these regulations. Activities shall be regulated within any stream conservation buffer area, defined as that area measured perpendicular to a stream and located within a minimum distance from the stream established herein, or such greater distance as may be established by any permitting agency with authority over streams. The minimum distances are as follows:
(a)
Seventy-five feet of the top of the streambank of a stream designated trout spawning (TS) or trout production (T) waters:
(b)
Fifty feet of the top of a streambank of a stream designated A, B or C streams.
(c)
Twenty-five feet of the top of a streambank designated D or any nondesignated stream.
(d)
No stream buffer is required for intermittent or ephemeral streams, however, the Town Engineer shall review and approve any activity requiring a building permit that would fill, grade, reroute or otherwise alter a nondesignated intermittent or ephemeral stream to ensure that said activity shall not have a negative impact on drainage and property or otherwise negatively impact the proper functioning of said stream. The Planning Board shall approve said activities in conjunction with site plan or subdivision plan review. NYSDEC's manual entitled "Stream Corridor Management" shall be used as a guide in decisionmaking. To the maximum extent practicable, the intermittent stream should be left in its natural state.
(2)
Regulated activities. No building permit shall be issued, nor shall any site plan or subdivision plan be approved except in conformity with these regulations. The following activities shall not be permitted within a stream conservation buffer without first obtaining Planning Board approval:
(a)
The construction of a building, structure or impervious surface or grading or filling activities exceeding 200 square feet. The maximum amount of fill placed within a stream conservation buffer shall not exceed 100 cubic yards.
(b)
Any disturbance exceeding 500 square feet shall require Planning Board approval.
(c)
Clearcutting of existing vegetation exceeding 200 square feet and in no case shall said disturbance be conducted within 25 feet of the streambank.
(3)
Town Engineer approval required for utility installation within a stream conservation buffer for existing uses. Drainage by ditches, underdrains or other systems shall be approved by the Town Engineer in accordance with § 215-102 of this Zoning Chapter. Disturbance shall be minimized to the maximum extent practicable. Nothing herein shall be construed to permit alteration to the stream's natural course. Subsequent to installation, the disturbed area of the stream conservation buffer shall be restored to its natural state.
(4)
For regulated activities, the distances established herein shall be considered the minimum setback and may be increased depending on the nature of the terrain, the proposed disturbance and potential impacts to the stream that may result.
(5)
These regulations are in addition to any regulations or requirements that may be imposed by the New York State Department of Environmental Conservation, the United States Army Corps of Engineers or other county, state or federal agency for activities affecting streams. Where any conflict exists, the regulations that are more protective of the area regulated herein shall apply.
(6)
Grandfathered existing improvements. The provisions of this section shall not apply to any land use, improvement or development that has been physically completed prior to the effective date of these provisions. As used in this section, "physically completed" shall mean the actual completion of construction activities related to a regulated activity, including filling, erecting structures or other improvement or development activities.
(7)
Grandfathered subdivisions, site plans and building permits. An applicant shall not be subject to these requirements where the applicant has been issued a building permit within three years from the effective date of this chapter for property that has preliminary or final subdivision approval or site plan approval. For subdivisions with preliminary approval, the grandfather period shall be extended for three years commencing on the date that final subdivision approval is granted. Nothing herein shall permit the issuance of a building permit for an activity that does not meet these regulations within a subdivision or site plan for which approval has expired. Any property which does not require site or subdivision plan approval, has been issued a building permit and does not conform to these regulations shall be grandfathered for three years from the effective date of this section or until the building permit expires, whichever is less.
(8)
Exempted activities. The following activities shall be exempted from the provisions of this section:
(a)
The construction of a building, structure or impervious surface equal to or less than 200 square feet.
(b)
Grading or filling activities equal to or less than 200 square feet.
(c)
Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence.
(d)
Selective cutting to remove dead branches or vegetation or to remove a hazard, e.g., removal of a dead tree to avoid damage to a property.
(e)
Routine maintenance of grandfathered existing improvements.
B.
Except as otherwise exempted above, disturbance to the stream conservation buffer shall require approval by resolution of the Planning Board. In making its determination, the Planning Board shall consider the following:
(1)
Alternative location. The Planning Board shall consider reasonable alternative locations for said structures, buildings or proposed disturbance. The Planning Board shall determine whether the proposed activity may be situated in another portion of the property and located outside the stream conservation buffer.
(2)
Infrastructure requirements. The Planning Board may approve disturbance to the conservation stream buffer for construction of utility lines requiring discharge to a stream, e.g., minor clearcutting activities to install a stormwater management structure, or where there are no alternative locations to situate proposed infrastructure, e.g., a septic field.
(3)
Other activities. The Planning Board may approve stream restoration projects, water quality monitoring and stream gauging, removal of individual trees which are in danger of falling or may cause damage to dwellings or other structures or block stream flow or similar activities which will have a minor negligible impact on the stream's function or its water quality.
C.
Disturbance to be mapped. The applicant shall submit a property survey showing the general extent of the area to be disturbed and distance to the stream. The Planning Board may require the submission of additional information, e.g., topography, if necessary to review the potential impact associated with the disturbance.
D.
The Planning Board shall establish such conditions as may be necessary to minimize or mitigate disturbance to the stream buffer. The Planning Board may require that the area be flagged or otherwise be demarcated to identify the limits of disturbance as a condition of an approval.
E.
The Planning Board may approve disturbance to the stream conservation buffer as part of a site plan or subdivision application approval and shall make the same findings as required in § 215-72.1B above.
F.
Nothing herein shall be construed to permit construction within the one-hundred-year floodplain without first obtaining all necessary local, county, state or federal permits. Activities permitted within the stream conservation buffer may be subject to Chapter 112, Flood Damage Prevention, of the Code of the Town of Stony Point.
G.
Nothing herein shall be construed to permit disturbances to a stream or its conservation buffer otherwise regulated by other local, county, state or federal agencies. Where a conflict may exist, the regulations that are most protective of the environment shall apply.