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Weedsport Village City Zoning Code

ARTICLE XVI

Natural Resource Protection

§ 215-145 Erosion and sediment control.

In order to ensure that land situated within the Village of Weedsport is developed with a minimum amount of soil erosion and sedimentation, for any site plan, special permit, or subdivision application, the Planning Board shall require that an applicant submit a plan demonstrating compliance with the following control practices:
The applicant shall provide effective sediment control measures for planning and construction of proposed developments. The following principles shall be applied as deemed appropriate:
The smallest practical area of soil shall be exposed (vegetation removed) at any one time during the development.
When soil is exposed (vegetation removed) during development, the exposure shall be kept to the shortest practical period of time.
Temporary vegetation and other protective measures shall be used to protect critical areas exposed during development.
Sediment basins or debris basins (silting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
Provision shall be made to effectively accommodate the increased runoff caused by changing soils and surface conditions during and after development by conveyance through filtration beds.
Permanent final vegetation and structures shall be installed as soon as practical in the development process.
The development plan shall use best practices to ensure that topography and exposure of soils minimize erosion potential.
Wherever feasible, natural vegetation shall be retained and protected.
A permit, to be issued by the Code Enforcement Officer, is required to grade and/or shape the topography in accordance with Subsection A(6) below.
Design standards. Design standards and specifications for erosion and sedimentation control shall be as specified in the Empire State Chapter Soil and Water Conservation Society, New York Guidelines for Urban Erosion and Sediment Control.
All erosion and sedimentation control measures shall be installed prior to beginning any other land disturbances. Such devices shall not be removed until the disturbed land areas are permanently stabilized.
All erosion and sediment control measures shall be periodically inspected by the CEO and shall be maintained by the applicant or his successors in conformance with an approved schedule, so as to ensure effective operating conditions until such time as they are removed.
Erosion and sediment control measures shall comply with all applicable regulations and permit requirements of the New York State Department of Environmental Conservation (DEC). For any construction activity covering more than one acre, the applicant shall file with the DEC, with a copy to the Code Enforcement Officer, a notice of intent form 60 days prior to commencing excavation or grading in order to comply with the State Pollution Discharge Elimination System (SPDES) General Permit (GP) No. 02-01.

§ 215-146 Steep slope regulations.

The Village finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Where a soil erosion and sediment control plan is required by § 215-145 such plan shall provide the information needed to comply with this chapter.
For any subdivision, special permit, site plan, building permit, zoning permit, or variance that involves the disturbance of slopes greater than 15%, conditions shall be attached to ensure that:
Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction.
Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.
Proper engineering review of plans and construction activities will be conducted by the Village to ensure compliance with this section, paid for by escrow deposits paid by the applicant.
No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.
No disturbance, including cutting of vegetation or construction of driveways, shall be permitted on any slope of 25% or greater, except in any of the following circumstances:
As may be needed for stream bank stabilization, foot trails and utility lines.
In conjunction with timber harvesting operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
In conjunction with activities of a farm operation.
Where an applicant can demonstrate that there is no feasible alternative and that the impacts of any land disturbance will be fully mitigated by the best available engineering, erosion control, and visual impact mitigation practices.
Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as the reviewing board or official shall reasonably require or the applicant shall offer.
For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 3,000 square feet shall be considered.
No driveway, vehicular access lane, or private road may be constructed that exceeds a 15% slope for more than 5% of its total length.

§ 215-147 Stormwater management regulations.

Purpose and intent.
The purpose of this section is to promote the health, safety, and welfare of the residents of Weedsport and to implement the recommendations of the Village's adopted Comprehensive Plan by minimizing stormwater runoff from land development activities in order to reduce flooding, erosion, and pollution caused by stormwater runoff.
This section is intended to require landowners and developers to comply with the New York State Department of State (NYS DEC) State Pollutant Discharge Elimination System (SPEDES) general permits as required for activities associated with stormwater discharges and the preparation of Stormwater Pollution Prevention Plans (SWPPPs) for land development activities.
Procedures.
Construction activities disturbing one or more acres of soil must be authorized under the General Permit for Stormwater Discharges from Construction Activities as administered and regulated by NYS DEC. In accordance with NYS DEC regulations, permittees are required to develop a SWPPP to prevent discharges of construction-related pollutants to surface waters.
SWPPPs and associated permits for disturbance are reviewed and approved by NYS DEC. Obtaining such approval or permits is the sole responsibility of the landowner. A copy of the draft SWPPP and any other required permit from NYS DEC along with all associated paperwork, drawings, etc. shall be submitted to Planning Board as part of the required documents for site plan review. A copy of the NYS DEC approved SWPPP shall be submitted by the applicant to the Planning Board upon approval from NYS DEC.

§ 215-148 Wetland protection regulations.

Purpose and intent.
The purpose of this section is to promote the health, safety, and welfare of the residents of Weedsport by preserving, protecting and conserving wetlands through careful regulation and control so that the multiple functions and benefits they provide may continue, thereby helping to protect property from damages caused by flooding and other losses due to wetlands destruction.
This section is intended to regulate the dredging, filling, deposition or removal of materials; degradation of water quality; the diversion or obstruction of water flow; and the placement of structures in, and other uses of, wetlands in the Village in accordance with the New York State Freshwater Wetlands Act and Article 24 of the New York State Environmental Conservation Law and the Clean Water Act of the United States.
Procedures for development in designated wetlands.
Development activities, including but not limited to, construction of structures, buildings, or utilities; dredging, grading, filling, draining; or discharging into or adjacent to wetlands shall comply with the following regulations:
All development activities undertaken in areas designated as a regulated wetlands by the New York State Department of Environmental Conservation (NYS DEC) shall comply with all applicable regulations of the NYS Freshwater Wetlands Permit Requirements (6 NYCRR Part 663).
All development activities undertaken in areas designated as a wetland under the Clean Water Act of the United States and mapped through the National Wetland Inventory (NWI) by the US Fish and Wildlife Service shall comply with all applicable regulations of said Act and may be required to obtain a permit for said activity from the US Army Corps of Engineers.
Permits. All required permits for development in state or federally regulated wetland areas; or for the otherwise disturbance of a wetland shall be secured by the landowner or their designated agent prior to the commencement of any development activity. Obtaining such approval or permits is the sole responsibility of the landowner. A copy of the approved permit and all associated paperwork, drawings, etc. shall be submitted to Planning Board as part of the required documents for site plan review.