[HISTORY: Adopted by the Town Board of the Town of Niles 8-7-2008 by L.L. No.
2-2008. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The longest distance along two straight lines formed by connecting
the lot corners where they intersect the lake line with an intermediate
point (selected to maximize the length of the two lines) on the lake
line, not including man-made projections into the lake, being land
actually abutting the waters of Owasco Lake or Skaneateles Lake.
Legal access to the lakefront of either Skaneateles Lake
or Owasco Lake by persons who do not own by fee simple deed said lakefront
property.
Any use lawfully existing prior to and at the time of the
adoption or amendment of this chapter or any preceding zoning law
or ordinance, which use is not permitted by or does not conform to
the permitted use provisions of this chapter for the district in which
it is located. A preexisting lawful use which is allowed only by special
permit under this chapter shall be considered a nonconforming use
until such time as a special permit is granted for it.
A map submitted to the Planning Board as part of an application
for approval.
A map and plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions and submitted with an application for a shared
lakefront recreation, together with a detailed description of uses
and users of the subject lakefront property.
Use of privately owned lakefront land abutting either Skaneateles
or Owasco Lake for recreational purposes by members of an association
deeded lake access rights and/or by owners or occupants of any inland
property which does not border either lake. This shall not apply to
recreational use of the lakefront parcel by one family or its guests.
It is the purpose of this chapter to confer upon the Niles Planning
Board the authority to regulate lake rights access in the Town of
Niles. Every real estate conveyance, every granting of an easement,
license and/or prescription, and every subdivision of real property
which gives access and lake rights to the shorelines of Owasco Lake
or Skaneateles Lake in the Town of Niles to property not actually
bordering those said shorelines or to persons who are not owners in
fee simple of the lakefront property to which access is being sought
shall be subject to the approval of the Town of Niles Planning Board.
Said approval shall be regulated as "shared lakefront recreation"
and may be conditioned upon the considerations laid out herein.
All land used for shared lakefront recreation shall be required
to comply with this chapter. Land being used for such purposes at
the time of enactment of this chapter shall be considered a preexisting
nonconforming use.
A.
Land may be used for shared lakefront recreation by special permit,
issued by the Planning Board, provided that the following conditions
are satisfied:
(1)
Deeded access rights are given, limited to one dwelling unit per
10 feet of shoreline and 2,000 square feet of lot area on the shared
lakefront recreation parcel (e.g., a parcel with deeded rights for
eight dwelling units would need to have at least 80 feet of shoreline
and 16,000 square feet of lot area). These dimensional requirements
may be modified by the Planning Board on lakefront access parcels
with more than 20,000 square feet in area and more than 200 feet of
shoreline, provided that adequate buffers are provided to mitigate
the impact on adjacent parcels and that permitted occupancy will not
adversely affect lake water quality. In making this determination,
the Planning Board shall consider issues of health, safety, and aesthetics,
including pedestrian safety where a highway crossing is involved and
the practical usability of the shoreline for lake access.
(2)
The special permit shall contain specific occupancy limits based
upon the number of dwelling units with proposed lake rights, times
four people, in order to prevent degradation of the lakes from overuse.
The special permit may also contain requirements for buffering and
screening between the shared lakefront parcel and adjoining properties
to minimize disturbance to such properties and to protect their privacy.
(3)
If the occupancy limit (number of dwelling units times four persons)
exceeds 25 persons, toilet facilities on the shared lakefront recreation
parcel may be required as follows:
(4)
Adequate parking areas shall be provided as determined by the reviewing
Planning Board.
(5)
An erosion and stormwater control plan, if required, shall prevent
runoff containing sediment or pollutants from entering the lake. If
no such plan is required because less than 5,000 square feet will
be disturbed, the special permit shall contain such conditions as
may be necessary to protect the lake from sediments or pollution,
including but not limited to the provision of vegetated buffer strips
along the shoreline.
(6)
The development and use of the site shall comply with all performance
standards for the Skaneateles Lake Watershed Overlay District or the
Owasco Watershed Association.
(7)
For any site with an occupancy limit in excess of 25 persons, an
annual inspection fee may be required in a sufficient amount to cover
the cost of monthly inspections during the summer months. The Niles
Town Board shall set this fee amount by resolution from time to time.
B.
The special permit shall contain such conditions on property management
as may be necessary to ensure compliance with the above requirements.
Said special permit may be issued by the Niles Planning Board only
after presentation of a site plan, plat map, and plot plan by the
developer at a public meeting of the Board upon notice by the developer
to all adjoining landowners, with proof of said notice provided by
the developer to the Planning Board.
All applications to the Niles Planning Board for shared lakefront
recreation shall be considered a Type I SEQR action, and shall be
given Type I environmental review and use of the SEQR Long Form Environmental
Assessment Form (EAF).
