[Amended 10-15-2012 by L.L. No. 3-2012]
A.
Recognizing the inherent ecological values of certain
environmentally sensitive areas that define the quality of life in
the Town of Grand Island, there are hereby established Enhanced Environment
Districts (EED). The requirements of this article shall be in addition
to those of the underlying districts.
B.
Because of these physical variations in the character
of the land, different areas are intrinsically suited for different
types and intensities of development. Development must be directed
by the intrinsic character of the land in order that the health, safety,
welfare and property of the citizens of the Town be protected and
preserved. Proper and appropriate development is required for water
and air quality, fish, wildlife and plant habitat in order to prevent
the irretrievable loss of natural resources and to maintain the character
of the community. As stated in the Town's Comprehensive Plan, the
full range of preservation options should be considered for the management
of the Town's six designated ecosystems. The purpose of this article
is to protect the valuable ecosystems identified in the Comprehensive
Plan and the Local Waterfront Revitalization Plan. In addition to
those areas, portions of the Town to be protected are those containing
or adjoining wetlands, those areas adjoining designated ecosystem
areas, areas in floodplains, and any areas identified as home to any
endangered or threatened species.
A.
The following uses, if also allowed by the underlying
zoning, shall serve as permitted uses within an EED, provided that
they minimize new structures, the creation of impervious surfaces,
excavation, fill or storage of materials and equipment.
(1)
Agricultural uses (as defined in this Code).
[Amended 3-29-2006 by L.L. No. 3-2006; 10-15-2012 by L.L. No.
3-2012]
(2)
Open space, trails and recreational use, environmental
education, hiking, hunting and fishing, provided that no extensive
filling of, or grading or road construction is required.
[Amended 10-15-2012 by L.L. No. 3-2012]
(3)
Lawns, gardens and play areas that may be associated
with nearby residential uses.
(4)
Employment of recognized best management practices
for the harvesting and thinning of trees to enhance or preserve woodlot
viability or to effect the removal of individual trees, either alive
or dead, for reasons relating to disease or safety.
[Amended 10-15-2012 by L.L. No. 3-2012]
(5)
Removal
of nonnative or invasive plant species and replacement with native
species that will enhance wildlife species production or diversity.
[Added 10-15-2012 by L.L. No. 3-2012]
(6)
Nonhabitable structures associated with uses permitted
herein.
(7)
For single-family dwellings and their appurtenant utilities and accessory
structures, the minimum lot size shall be five acres except where
substantive acreage is set aside for the purpose of protecting the
environmental resource values that formed the basis for the establishment
of a specific EED, provided such acreage is in the interests of the
people of Grand Island. The final decision on variations from the
five-acre minimum lot size shall be made by the Town Board after review
and consultation with the Town of Grand Island Conservation Advisory
Board.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]
(8)
Roads, to the minimum extent required to access permitted
and conditional uses, bridges, utility transmission lines, underground
utilities, pipelines and water retention or detention facilities.
(9)
Nonresidential uses, provided that no structures are
built within the EED. The site plan approval shall require mitigation,
where necessary, at a 2:1 ratio.
A.
Any use within an EED not specifically permitted by
this article requires compliance with the provisions for site plan
review. When reviewing a site plan, the Town Board shall also consider:
(1)
The impact of the proposal on the objectives outlined
in this article.
(2)
The extent to which the plans submitted for approval
include specific measures which preserve the value and function of
the EED and the extent to which those measures will continue to preserve
the value and function of the EED, both during construction and thereafter.
These specific measures shall be performed in spite of normal variations
in execution, scheduling, weather, site conditions or other variations
which can affect the performance of those measures.
(3)
When a project proposes a nonresidential use that
requires mitigation for disturbance of the EED, the applicant shall
submit a mitigation plan to the Town for its review. When mitigation
is proposed, the Town shall consider:
(4)
The Town shall consider the ecological and community-based values
of surface waters, wetlands and the associated fish and wildlife habitat
and the potential for the maintenance or enhancement of fish and wildlife
populations when determining the applicability of mitigation.
[Amended 10-15-2012 by L.L. No. 3-2012]
(5)
Any plan which, if executed, would disturb or impact an EED shall
be referred to the Town's Conservation Advisory Board for review.
For that portion of the EED affected by the plan, the Conservation
Advisory Board shall identify those attributes which require protection
and special treatment and shall determine the essential minimal needs
for mitigation. The Conservation Advisory Board may also make recommendations
for the preservation, special treatment, enhancement or mitigation
of the Town's environmental resources.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]
(6)
In order to achieve the objectives of this article, a board or official
empowered to approve a plan may require mitigation or special conditions
which will further protect the EED. In determining what the appropriate
mitigation or conditions shall be, the Town shall consider the value
of the EED as it relates to the protection of water quality, fish
and wildlife habitat, erosion protection and the overall drainage
infrastructure. These factors shall be considered in conjunction with
the development plans, consistency with Town-wide goals, the need
for such development, the potential for success of the mitigation
and the need for long-term protection from future encroachment within
the EED.
[Amended 10-15-2012 by L.L. No. 3-2012]
(7)
Any project in an EED requires an information meeting, unless such
requirement is waived by the Town Board after conferring with the
Conservation Advisory Board. An information meeting is a preapplication
meeting with the applicant and representatives of the Town and its
advisory boards to preliminarily review the proposed project and discuss
relevant environmental and regulatory issues.
[Amended 10-15-2012 by L.L. No. 3-2012; 1-21-2014 by L.L. No. 5-2014]
