[Added 1-8-1996 by L.L. No.1-1996]
A.
Recognizing that variations in terrain, hydrology and soil conditions exist throughout the Village of Fairport, there are hereby established Limited Development Districts (LDD) which shall supersede area, density, setback and other provisions for all zoning districts under Article VII of this chapter.
B.
The purpose of the Limited Development District is
to minimize the impacts of development activities on steep slopes
in the Village of Fairport by regulating activities in such areas
and by requiring review and permit approval prior to project commencement.
The potential developmental impacts within the Limited Development
District include soil erosion and sedimentation, destruction of vegetation,
increased runoff rates and slope failure. The regulations contained
in this district are designed to minimize the disturbance or removal
of existing vegetation, prevent increased erosion and runoff, maintain
established drainage systems, locate development where it is less
likely to cause future slope failures and retain as much as possible
the natural character of these areas.
A.
The exact area of a Limited Development District shall
be determined by the Planning Board only after larger scaled and more
detailed maps are provided by applicants, and shall include those
areas having a 15% or greater slope and a transition zone at the top
of the slope defined as that area containing soil classes as defined
in the Monroe County Soil Survey with moderate to severe limitations
for development and recreational use as determined in a site-specific
high-intensity soil survey.
B.
The Planning Board may consult other information,
including but not limited to soil survey reports prepared by the Soil
Conservation Service, topographic maps provided by the United States
Geological Survey, field surveys and other appropriate sources, in
order to more accurately locate and delineate LDD boundaries within
said defined sector of the Village.
C.
The applicant may request a public hearing before the Planning Board with respect to delineation of the boundary of an LDD, and the procedure of such public hearing shall be governed by the provisions of Chapter 455, Subdivision of Land, of the Code of the Village of Fairport relating to approval of final subdivision plats.
The following areas are excluded from the LDD:
A.
Areas which meet the criteria for an LDD but which
are both small and isolated from other LDD area. The determination
as to whether an area is small and isolated shall be made by the Planning
Board and shall be based on the specific characteristics of the site
and the extent to which designation will achieve the purpose of the
LDD ordinance. As a general guideline, an area is small if it can
be contained in its entirety within a circle with a diameter of 50
feet. It is isolated if it is more than 25 feet from any other area
which meets the criteria for an LDD.
B.
Areas which at one time met the criteria for an LDD
but no longer meet the criteria due to disturbance by human activity
where such disturbance took place prior to September 1, 1995, or was
in accordance with an approved subdivision or site plan.
The following uses shall serve as guidelines
for permitted uses within an LDD, provided that they do not require
structures, the creation of impervious surface, cut, fill or storage
of materials and equipment:
A.
Agricultural uses such as general farming, dairying,
grazing, Christmas or nursery tree farming or reforestation.
B.
Open space, trails and recreational uses such as wildlife
study, hiking, hunting and fishing, provided that no extensive grading
or road construction is required.
C.
Lawns, gardens and play areas that may be associated
with nearby residential uses.
D.
Cutting and removal of dead or individual trees for
the purpose of maintaining the health or viability of a wood lot or
for safety.
The following uses and their accessory uses may be permitted when authorized in accordance with this Article VIII and § 550-40, Special requirements:
A.
Nonhabitable structures associated with permitted
uses.
B.
Single-family dwellings and their appurtenant utilities
and accessory structures. The minimum lot size shall be three times
the lot size required by the underlying zoning district in which the
property is located. Lots partially within an LDD may be less than
this minimum, provided that:
(1)
There exists a contiguous area on the lot outside
the LDD which meets the area requirements of the underlying zoning
district.
(2)
All setback requirements shall be measured from the
edge of the LDD.
(3)
There is minimal or no disturbance of the LDD, and
that disturbance is for the purpose of providing access and utilities
to the lot.
C.
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.
A.
Any use within an LDD not described in § 550-38, Permitted uses, requires compliance with the provisions for site plan review pursuant to Article VI of this chapter. The site plan documents shall show, in addition to matters required by Article VI, the following:
(1)
The identification of all LDD boundaries; designated
Village open space; Village, town, county or state park land; or other
similar areas within and/or contiguous to the property as defined
by this section.
(2)
The location of all existing and proposed buildings,
structures, utility lines, sewers, water and storm drains and septic
systems on the property.
(3)
The location of all existing and proposed impervious
surfaces such as driveways, sidewalks, etc., on the property.
(4)
Existing and proposed contour levels at five-foot
intervals for the property.
(5)
The location and types of all existing and proposed
vegetation and shrub masses within and/or contiguous to the property.
(6)
The location of all existing and proposed drainage
patterns, drainageways, swales, etc., within and/or contiguous to
the property.
B.
When reviewing a site plan, the Planning Board shall
also consider:
(2)
The extent to which the plans submitted for approval
include specific measures which preserve the value and function of
the LDD and the extent to which those measures will continue to preserve
the value and function of the LDD, both during construction and thereafter.
These specific measures shall perform in spite of normal variations
in execution, scheduling, weather, site conditions or other variations
which can affect the performance of those measures.
(3)
Specifically, the following standards:
(a)
That the stable angle of repose of the soil
classes found on the site has been used to determine the proper placement
of structures and other development related facilities within the
plateau area. Site specific calculations of the stable angle of repose
for the site are to be determined by a professional soil scientist
or engineer using the soil classes and nomenclature contained in the
Monroe County soil surveys and obtained for the site by borings as
well as high intensity soil survey data provided by the applicant.
(b)
That the stability of soils will be maintained
or increased to adequately support any construction thereon or to
support any landscaping, agricultural or related activities. This
shall be documented by soil bearing data provided by a qualified testing
laboratory or engineer at the expense of the developer.
(c)
That no proposed activity will cause uncontrolled
erosion or slipping of soil or cause sediment to be discharged off
site.
(d)
That discharge of stormwater shall be controlled
so as not to cause or increase erosion and sedimentation problems
downstream or to cause any damage to or flooding of any facilities
or property.
(e)
That plant life located on the slopes outside
of the minimum area that needs to be disturbed for carrying on approved
activities shall not be destroyed. Plants or other acceptable ground
cover shall be reestablished in disturbed areas immediately upon completion
of development activity so as to prevent any of the harmful effects
set forth above.
(f)
That access down slopes shall be provided with
ramp slopes no greater than 1:6 and side slopes no greater than 1:3
if not terraced or otherwise structurally stabilized. Disturbed nonroadway
areas shall be stabilized with vegetation or other approved physical
means. Completed roadways shall be stabilized and adequately drained.
(g)
That construction of erosion protection structures
shall conform to the following:
[1]
All erosion protection structures shall be designed
and constructed according to generally accepted engineering principles
which have demonstrated success or a likelihood of success in controlling
long-term erosion. Such engineering principles are contained in publications
of the United States Soil Conservation Service. The protective measures
proposed must have a reasonable probability of controlling erosion
on the immediate site for at least 30 years.
[2]
A long-term maintenance program shall be included
in any application for construction, modification or restoration of
an erosion protection structure. Such programs shall include specifications
for normal maintenance of degradable materials and the periodic replacement
of removable materials.
[3]
All materials used in such structures shall
be durable and capable of withstanding inundation, waive impacts,
weathering and other effects of storm conditions. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
[4]
The construction, modification or restoration
of erosion protection structures shall not be likely to cause any
measurable increase in erosion at the development site or other locations
and prevent adverse effects to natural protective features, existing
erosion protection structures and natural resources such as significant
fish and wildlife habitats.
(h)
Drainage of stormwater shall not cause erosion
or siltation, contribute to slope failures, pollute groundwater or
cause damage to or flooding of property. Drainage systems shall be
designed and located to ensure slope stability.
(i)
Any grading, excavating or other soil disturbance
conducted on a steep slope shall not direct surface water runoff over
the receding edge of the slope during construction.
C.
No site preparation, alteration or construction shall
commence until final site plan approval has been granted and any and
all permits required by other agencies have been issued.
D.
Any plan which, if executed, would disturb or impact
an LDD shall be referred to the Village Engineer for review. For that
portion of the LDD affected by the plan, the Village Engineer shall
identify those attributes which require protection or special treatment.
The Village Engineer may make recommendations for that protection
or special treatment.
E.
In order to achieve the objectives of this article,
the Planning Board may require mitigation or special conditions which
will further protect or enhance the LDD. In determining what the appropriate
mitigation or conditions shall be, the Planning Board shall consider
the value of the LDD in protecting water quality, habitat, protection
from erosion and effect upon the overall site drainage. These factors
shall be balanced against the development plans, the need for such
development, the potential for success of the mitigation and the need
for long-term protection from future encroachment within the LDD.
