Ulysses Town City Zoning Code
ARTICLE IX
CZ - Conservation Zone
[Amended 8-11-2020 by L.L. No. 1-2020]
§ 212-50 Purpose.
A.
The purposes of the Conservation Zone are:
(1)
To preserve the outstanding natural features in the Town of Ulysses in accordance with the Town of Ulysses Comprehensive Plan (2009);
(2)
To provide a regulatory framework through which development can occur with minimal environmental impact;
(3)
To preserve existing areas of contiguous open space, prevent destruction of natural areas, preserve existing and potential agricultural land, and promote mechanisms that protect these areas, such as enlarged stream buffer areas, conservation easements, and deed restrictions when considering any future land development; and
(4)
To preserve the scenic beauty of the area to promote tourism as an important benefit to the Town of Ulysses.
B.
In particular, the following are important aspects or considerations for the Conservation Zone:
(1)
Among the natural values and ecological importance of this area are the mature forest, plant and wildlife habitat, numerous streams, and natural character. The Conservation Zone contains large areas of steep slopes, wetlands, and highly erodible soil, where any future development may have an adverse environmental impact on both the land and Cayuga Lake.
(2)
In recognition of its natural and ecological significance, several large areas of the Conservation Zone have been designated as unique natural areas by the Tompkins County Environmental Management Council.
(3)
The Town has designated a slope overlay area, which recognizes six soil types that when disturbed are significantly erodible and unstable based on their characteristics and slope steepness (see Article IV, Terminology).
C.
Nothing in these regulations is intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the provisions intended to supersede any requirements for obtaining any permits or approvals required by the United States or New York State, or any agency thereof.
§ 212-51 Permitted uses.
Only the following buildings or uses are permitted in this district, and site plan approval, pursuant to the provisions of Article III, § 212-19, is required in unique natural areas and slope overlay areas:
A.
Farm operation.
B.
One single-family residence and accessory buildings.
C.
One two-family residence and accessory buildings.
D.
(Reserved)
E.
Any municipal or public utility necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements that apply to residences.
F.
Major solar collection system subject to the provisions of Article XX, § 212-139.2.
§ 212-52 Permitted accessory uses.
A.
Only the following are permitted accessory uses, which are customarily incidental to the permitted uses listed above in § 212-51:
(1)
Accessory buildings, as defined in Article IV and subject to the provisions of Article XXIV, § 212-167, Accessory building.
(2)
Accessory dwelling unit, subject to the provision of Article XX, § 212-128.
(3)
Adult care, family.
(4)
Bed-and-breakfast establishments.
(5)
Child care, family.
(6)
Elder cottage, subject to the provisions of Article XX, § 212-139.5.
(7)
Professional offices where such office is part of the residence property and no more than three persons residing off the premises are employed on site.
(8)
Roadside stands, subject to the provisions of Article XX, § 212-135.
(9)
Temporary building, as defined in Article IV.
(10)
Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
B.
Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in unique natural areas and slope overlay areas for the permitted accessory uses listed in this section.
C.
Permitted accessory uses without site plan approval. Such uses as are customarily incidental to the permitted uses listed above in this Article X, § 212-51.
(1)
Signs as regulated under Article XX, § 212-122.
(2)
Home occupation where no more than one person residing off the premises is employed.
§ 212-53 Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-18, subject to the design standards in the Conservation Zone and site plan review by the Planning Board:
A.
Museums and nature centers.
B.
Public and private community parks, regional parks and preserves.
C.
Residential care/assisted living.
D.
Restaurants.
E.
Bicycle/ski rental business.
§ 212-54 Lot area and yard requirements.
A.
There shall be no more than one principal building on any lot in the CZ-Conservation Zone.
B.
Minimum lot area for one principal building shall be five acres.
C.
Minimum lot width at front lot line shall be 400 feet.
D.
Minimum lot depth shall be 450 feet.
E.
Minimum front yard setback shall be 75 feet.
F.
Minimum side yard setback shall be 50 feet.
G.
Minimum rear yard setback 50 feet.
H.
Maximum building height shall be 32 feet above average grade measured at the building perimeter or as determined by the Planning Board when slope exceeds 15%. It is within the discretion of the Planning Board whether or not to allow any building on slopes greater than 25%.
I.
The maximum footprint of a building shall be 3,500 square feet, except accessory dwelling units which are limited to 1,200 square feet floor area (§ 212-128).
J.
Driveways and parking areas may be considered a building as part of the lot coverage requirements at the discretion of the Planning Board.
K.
Flag lots are permitted, subject to the standards set forth in Article XX, § 212-130.
L.
Accessory buildings shall not occupy the front yard, except for roadside stands (subject to provisions of Article XX, § 212-135), and a garage may be attached to the front of a house.
M.
Maximum lot coverage by permanent structures shall be 5% of the lot area.
§ 212-55 Design standards.
In the event of any conflict between the provisions of this § 212-55 and other provisions of this chapter, the provisions of this section shall prevail.
A.
Stream and wetland setbacks.
(1)
Perennial and intermittent streams and wetlands are prominent features of the Conservation Zone, and the condition of these water bodies directly affects the health of Cayuga Lake and the fauna that depend on the water for sustenance. As such, it is the intent of these Conservation Zone regulations to ensure the continued preservation and health of these many Cayuga Lake water resources for current and future generations. (See § 212-124, Standards for buffer areas.)
(2)
For the purposes of this section, wetlands are defined by both state, federal and local governing regulations. Buffer areas apply to federal and locally protected wetlands greater than 0.1 acre and all state wetlands.
(3)
No buildings, structures, paved areas, or storage of construction equipment or machinery shall be located within the following buffer areas: 50 linear feet of the bank of any perennial or intermittent stream and 100 feet of any wetland. These buffer areas may be increased by up to 50% should the Planning Board determine that such an increase is necessary to protect water quality or to minimize the impacts of erosion and sedimentation.
(4)
During the site plan approval process where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine the exact boundaries and to evaluate potential impacts of development on said wetland.
B.
Vegetation and landscape.
(1)
The intent of the Town of Ulysses is to preserve and encourage vegetation, especially noninvasive trees and shrubs, in the Conservation Zone in order to prevent erosion, sedimentation of the lake and streams, and maintain the rural, scenic nature of the Town.
(2)
The intent of this section is to encourage landowners in this district to preserve and encourage vegetation for the benefit of current and future residents of the Town.
(3)
The intent of the Town of Ulysses is to preserve the natural features of the Conservation Zone and, as such, to allow development that uses mechanisms that minimize disruption of the current ecological balance. The Zoning Officer and Planning Board shall review all development with the following guidelines when reviewing a site plan for approval.
(4)
Requirements. Tree removal, except clear-cutting, is allowed in the Conservation Zone outside of unique natural areas or slope overlay areas. Tree removal is allowed in the Conservation Zone in the unique natural areas or slope overlay areas according to the following terms and conditions:
(a)
Without Town approval: a tree or trees whose location and conditions combine to make it a threat to human life or property.
(b)
With the approval of the Zoning Officer and the possession of a valid building permit: those trees that are in the footprint of a construction site, septic system, parking areas, and the driveway access.
(c)
Clear-cutting of forest stands for any use other than necessary minimal clearing for the requirements of a building project is prohibited.
(d)
In unique natural areas or slope overlay areas, a woodland management plan shall be filed with and approved by the Zoning Officer and/or the Town's consulting forester for multiple trees removed for the landowner's firewood or lumber use, and for forest management and forest improvement. A woodland management plan shall be prepared by a professional forester with Society of American Foresters certification or by a cooperating consulting forester with the New York State Department of Environmental Conservation.
(5)
Recommendations.
(a)
In areas outside of unique natural areas and slope overlay areas, a woodland management plan is recommended when removing multiple trees for the landowner's firewood or lumber use and for forest management and forest improvement.
(b)
Existing noninvasive vegetation should be maintained to the extent practicable to minimize runoff.
(c)
Buffer areas proximal to water bodies are to be promoted using noninvasive native plants to protect water resources.
(d)
Retain existing stone walls.
(e)
Removal of trees for the purpose of expanding a view is discouraged.
(f)
Removal of trees for the purpose of expanding sunlight exposure is discouraged.
(g)
Native plants should be encouraged, especially shrubs and trees that produce edible fruit and nuts for wildlife.
(h)
Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle, buckthorn, multiflora rose, Russian olive and Norway maple, etc.) is encouraged so long as this effort does not contribute to significant soil disturbance or erosion.
(i)
Wildlife habitats, biological corridors, contiguous forests, and open space linkages should be encouraged and preserved.
(j)
Dead trees that do not pose a threat to life, property, or a healthy forest should be left to provide wildlife habitat for both birds and animals.
(k)
New development should not compromise scenic views, in particular viewing points from adjacent roads and trails.
(l)
Regrading should blend in with the natural contours and undulations of the land.
(m)
Siting of buildings should be below ridgelines or hilltops.
(n)
Where possible, buildings and structures should be located on the edges of open fields to minimize visual impacts.
(o)
Buildings proposed to be located within significant viewing areas should be screened and landscaped to minimize their intrusion on the character of the area.
(p)
Building design should harmonize with the natural setting.
(q)
Building materials should harmonize with their natural setting and be compatible with neighboring land uses.
C.
Stormwater.
(1)
In unique natural areas and/or steep slope overlay areas that are subject to site plan review, the following standards apply.
(2)
Any alteration of the hydrology of the site shall be minimized and/or mitigated so as to minimize the impact on water quality, peak discharge, groundwater recharge, and drainage patterns. To the extent possible, the quantity, quality, and timing of stormwater runoff during and after development shall not be substantially altered from pre-development conditions. The recommended technical standards for the design of post-construction structures are detailed in the "New York State Stormwater Management Design Manual," as revised. In reviewing the adequacy of an applicant's stormwater management plans, the Planning Board may seek recommendations from a licensed engineer selected by the Town and paid for by the applicant.
(3)
Priority should be given to maintaining natural drainage systems, including perennial and intermittent streams, swales and drainage ditches.
(4)
Drainage of stormwater shall not cause erosion, siltation, contribute to slope failures, pollute groundwater or cause damage to or flooding of adjacent or downstream properties.
(5)
The Planning Board may require the developer or property owner to submit the following:
(a)
Stormwater Pollution Prevention Plan (SWPPP), prepared by a N.Y. State licensed engineer or other qualified professional. The contents of the SWPPP and qualifications of qualified professionals are specified in the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity.
(b)
A statement of the proposed stormwater management objectives.
(c)
A description of the proposed structural and vegetative stormwater measures that will be utilized to ensure that the quantity, temporal distribution and quality of stormwater runoff during and after development are not substantially altered from pre-development conditions. This will include appropriate plans, design data, calculations, and other information.
(d)
A maintenance plan, which describes the type and frequency of maintenance required by the stormwater management facilities utilized and the arrangements that will be made to ensure long-term maintenance of these facilities. Operation, maintenance, and any necessary repairs are the responsibility of the property owner or his/her designee. Stormwater management facilities shall have adequate easements to permit the Town to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. If corrective action by the Town is required, incurred costs are the responsibility of the property owner.
(e)
A flood hazard analysis for any development located within or adjacent to the designated floodplain.
D.
Soil and sediment control. The goals for erosion and sediment control are 1) to minimize the opportunity for soil to be moved by wind, precipitation and runoff and 2) to contain sediment that does move close to its place of origin and thus prevent it from reaching a water body or damaging other lands. In order to ensure that the land will be developed with a minimum amount of soil erosion and to protect the natural character of on-site and off-site water bodies, the Planning Board shall require the developer to follow certain erosion control practices.
(1)
A structure or parking area shall have a minimum setback to perennial and intermittent streams of 50 feet or 75 feet if within a unique natural area or steep slope overlay area, as measured from the top edge of the slope rising from the bank of the stream. See § 212-124B.
(2)
On sites within the slope overlay area or unique natural area, there shall be no excavation, grading or filling without the submission to the Zoning Officer of an excavation, fill, and grading permit. Excavation, grading or filling of more than 10 cubic yards is subject to site plan approval. The Planning Board may seek recommendations from the Town Engineer, and the associated cost shall be paid for by the applicant. This provision is not applicable to projects with a valid permit from a county, state, or federal agency; nor is it applicable to any projects with current site plan approval.
(3)
In addition to the requirements of this article, any construction, grading, or other activities shall be conducted in accordance with any federal, state, or other local law or requirement pertaining to such activity, including, but not limited to, any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(4)
Roads and driveways should follow existing contours to the extent practicable to minimize erosion from cuts and fills.
(5)
In unique natural areas and/or steep slope overlay areas that are subject to site plan review, the following standards apply:
(a)
The Planning Board may require the developer to submit an erosion and sediment control plan, the contents of which are specified in the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity.
(b)
Erosion and sediment control practices shall be consistent with requirements of the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity. A permit is generally required for construction activities that disturb one or more acre of land.
(c)
The recommended technical standards for erosion and sedimentation control are detailed in the "New York Standards and Specifications for Erosion and Sediment Control" published by the Empire State Chapter of the Soil and Water Conservation Society, as revised.
(d)
The development plan should be consistent with the topography, soils, and other physical characteristics of the site so as to minimize the erosion potential and avoid disturbance of environmentally sensitive areas.
(e)
Existing vegetation on the project site should be retained and protected as much as possible to minimize soil loss from the project site (This will also minimize erosion and sediment control costs.).
(f)
Erosion and sediment control measures should be constructed prior to beginning any land disturbances. All runoff from disturbed areas should be directed to the sediment control devices. These devices should not be removed until the disturbed land areas are stabilized.
(g)
The timing and sequence of construction activities shall expose the smallest practical area of land at any one time during the development. Temporary vegetation and/or mulching should be used to protect critical areas. Permanent vegetation shall be established as soon as practicable. Construction will not be considered complete until all disturbed areas are successfully seeded or stabilized with erosion control materials.
E.
Driveways and parking.
(1)
Requirements.
(a)
For new impervious surfaces proposed for driveways, parking areas, or walkways in unique natural areas or slope overlay areas, site plan review procedures shall be followed, and the Planning Board may seek recommendations from a licensed engineer selected by the Town and paid for by the applicant.
(b)
For safety purposes, parking areas shall be designed and built to avoid the necessity for drivers to back their vehicles onto roads.
(2)
Recommendations.
(a)
Semi-pervious and pervious surfaces for driveways and parking areas are encouraged to minimize runoff and erosion.
(b)
Driveways and parking areas should be designed to include a combination of pervious and impervious surface materials as needed to provide for safe passage of traffic and to minimize the total area of impervious surface which would contribute to runoff.
(c)
Driveways and parking areas should follow contour lines of the land as much as possible.
(d)
Excavation and regrading of slopes for parking areas should be minimized.
F.
Limitations on subdivision of parent tracts.
(1)
Any tract or parcel of land in common contiguous ownership at the time of the creation of this zone on December 17, 2013, subject to other normally applicable subdivision laws and regulations, may be subdivided to create up to and not more than three lots.