[Added 9-9-2004 by L.L. No. 2-2004]
The purpose of the Environmental Protection
Overlay Districts (EPOD) established in this article is to provide
special controls over land development located in sensitive environmental
areas within the Town of Owasco. The Town's Comprehensive Plan identifies
the use of overlay districts as a technique to protect and preserve
unique environmental features based upon the following reasons:
A.
Prevention of an irreversible loss in natural resources.
B.
Enhancement of flood protection.
C.
Maintenance and/or improvement of surface water quality.
D.
Preservation of wildlife habitats.
E.
Aesthetics.
F.
Maintenance of soils and slope stability.
G.
Maintenance of open space.
H.
Control of adverse impacts on existing development.
Development proposed within freshwater wetlands
is regulated by the New York State Department of Environmental Conservation
(DEC) for state-regulated wetlands and/or the United States Army Corps
of Engineers for any federally regulated wetlands. It is the obligation
of each developer to determine if the project contains any state-designated
and/or federally designated wetlands. If a project contains state-regulated
wetlands, a DEC official must stake the wetland and buffer areas,
as well as issue a permit for any development impacting such areas.
If a project contains a federally designated wetland, a similar process
must be followed, and a permit issued by the United States Army Corps
of Engineers.
The regulations contained in each EPOD are not
intended to be substituted for the zoning regulations of the underlying
primary zoning districts, but are additional requirements that shall
be met by the applicant or developer prior to project approval. These
additional requirements shall be based on sound management practices
and must be reasonably related to the protection of the natural resource
in question. The purpose of the overlay districts is to provide the
Town with an additional level of review and regulation that controls
how land development permitted by the Town's primary zoning districts
should occur in or near sensitive or unique environmental areas. Conformance
with these provisions may require plans to be modified and/or special
conditions placed upon construction practices.
In order to implement the purpose and intent of § 150-9.10 of this article, the Town of Owasco has been divided into the following EPODs:
The locations and boundaries of EPODs 1, 2 and
3 are delineated on official maps on file in the Town Building Department.
Collectively these maps are known as the "Official Town of Owasco
EPOD Maps." The Official Town of Owasco EPOD Maps shall be used for
reference purposes only and shall not be used to delineate specific
or exact boundaries of the various overlay districts. The Town has
the authority to amend or add to these official EPOD Maps as necessary.
Field investigations and/or other environmental analysis may be required
in order to determine whether a specific parcel of land is included
within one or more of the EPODs and to locate the boundary on the
property. Temporary flagging of boundaries in the field may be required
during the review of applications, and permanent staking may be required
as a condition of permit approval.
A.
The Zoning Enforcement Officer shall be responsible
for interpreting Environmental Protection Overlay District boundaries
based on an interpretation of the Town of Owasco EPOD Maps, as well
as the use of other criteria set forth in this article for determining
such district boundaries. The Zoning Enforcement Officer may request
the assistance of the Town Engineer, the developer's engineer, Town
Planning Board, or other appropriate department or agency in making
such a determination.
B.
Appeals to the Zoning Board of Appeals from Zoning
Enforcement Officer determinations of district boundaries shall be
handled in the same manner as appeals from other Zoning Enforcement
Officer determinations under this chapter.
A.
General applicability. An EPOD development permit
shall be required subject to the provisions of this section and prior
to the commencement of any regulated activity or the issuance of any
building permit for regulated development in a designated EPOD District.
B.
Exempt activities. The following activities are exempt
from the permit procedures of this section:
(1)
Lawn care and maintenance.
(2)
Noncommercial gardening activities.
(3)
Tree and shrub care and maintenance.
(4)
Select cutting and removal of trees in woodlots,
that are not located on steep slopes, for the personal use of the
property owner and not for commercial purposes.
(5)
Removal of dead or deteriorating vegetation.
(6)
Removal of structures.
(7)
Maintenance and repair of existing structures
and buildings.
(8)
Repair and maintenance of faulty or deteriorating
sewage facilities or utility lines.
(9)
Emergency repair and maintenance of faulty or
deteriorating sewage facilities or utility lines.
(10)
Reconstruction of structures damaged by a natural
disaster, provided that the new construction is of the same size and
at the same location.
(11)
Customary agricultural activities, except for
new or expanded structures.
(12)
Public health activities, orders and regulations
of the New York State Department of Health, Cayuga County Department
of Health or other related agency.
(13)
Installing utility service from an existing
distribution facility to a structure, where no major modifications
or construction is necessary.
(14)
Drilling a water well to serve a single residence.
(15)
Any activities associated with normal, outdoor
recreational activity
(16)
Activities subject to the review jurisdiction
of the New York State Public Service Commission or the New York State
Board on Electric Generation Siting and the Environment under the
provisions of Article 7 of the New York State Public Service Law.
(17)
An actual or ongoing emergency activity which
is immediately necessary for the protection of life, property or natural
resources.
C.
Approvals required. EPOD development permits may be
authorized by the Planning Board concurrently with site plan approvals
for which the Planning Board has jurisdiction.
D.
Application procedures.
(1)
Applications for EPOD development permits shall
be made in writing and filed with the Zoning Enforcement Officer on
application forms available in the Town Code Enforcement office. Application
packets provided to applicants shall contain an application form and
instructions which shall include submittal requirements, fees, procedures
and approval criteria. Application shall be made by the property owner
or his/her agent and shall be accompanied by the materials and fees
specified. If the Zoning Enforcement Officer determines the application
to be complete, the application shall be submitted to the Planning
Board at its next duly called meeting following the date of the submission
of the complete application. If the application is deemed to be incomplete,
the Zoning Enforcement Officer shall return the application to the
applicant and identify the deficiencies of the application.
(2)
The applicant shall submit a scaled (one inch
equals 50 feet or one inch equals 100 feet) site plan, prepared and
certified by a licensed engineer or land surveyor, that contains the
following minimum information:
(a)
A location plan and boundary line survey of
the property.
(b)
The location of all Environmental Protection
Overlay District boundaries, designated Town open space, Town, county
or state parks.
(c)
The location of all existing and proposed buildings,
structures, utility lines, sewers, water and storm drains on the property
or within 200 feet of the proposed work site.
(d)
The location of all existing and proposed impervious
surfaces, such as driveways, sidewalks, etc., on the property or within
200 feet of the proposed work site.
(e)
Existing and proposed contour levels at one-foot
intervals for the property, unless such property is located within
a steep slope protection district whereby contour levels may be shown
at two-foot intervals.
(f)
The location and types of all existing and proposed
vegetation and shrub masses, as well as all trees with a diameter
of eight inches or more within and/or adjacent to the property.
(g)
The location of all existing and proposed drainage
patterns, drainageways, swales, etc., within and/or adjacent to the
property.
E.
Fees. The Town Board may, from time to time, by resolution,
establish and amend the fees for development permits. The development
permit fees shall be in addition to any other fees required.
F.
Review procedures.
(1)
Whenever possible, the review of activities
within EPODs shall be performed concurrently with other required approvals.
(2)
The Planning Board may refer the application
to other appropriate boards and agencies for their review and recommendations.
Such boards or agencies shall have 30 days from the date of their
receipt of a completed application in which to report their recommendations.
Failure for any board or agency to respond within this time frame
shall not be cause for the Planning Board to postpone processing such
application or action thereon. The time line for Planning Board review
shall be consistent with the review time line prescribed for subdivision
review if subdivision approval is required for the subject property.
If subdivision approval is not required, the time line for Planning
Board approval shall be consistent with the review time line prescribed
for site plan review.
(3)
The Planning Board shall have the authority
to approve, approve with conditions or deny an EPOD development permit
for regulated activities subject to the standards, criteria, and other
factors contained in this article.
G.
Public notice.
(1)
Public hearings and public notification thereof
for a development permit shall be required only when associated with
another activity that requires a public hearing.
(2)
Wherever possible, public hearings for development
permits shall be scheduled concurrent with public hearings required
under site plan review, subdivision review or any actions required
to comply with the State Environmental Quality Review regulations
for the proposed action.
H.
Evaluation criteria.
(1)
The following criteria shall be used to determine
whether a regulated activity should be permitted, not permitted, or
permitted with conditions:
(a)
The activity is compatible with the preservation,
protection and conservation of the environmentally sensitive area.
(b)
The activity will result in no more than nominal
degradation to or loss of any part of the environmentally sensitive
area.
(c)
The activity is compatible with the public health
and welfare.
(d)
The activity conforms with additional standards
and criteria of the individual EPOD, as noted elsewhere in this article.
(2)
For proposed activities that do not comply with
the above criteria, the applicant may propose a mitigation plan to
offset, in whole or in part, the diminishment of the benefits derived
from the environmentally sensitive area that would occur if the development
permit were to be approved. The Planning Board shall evaluate the
proposed mitigation plan to determine if the benefits that would be
derived from the project exceed the net loss in benefits derived from
the environmentally sensitive area.
I.
Development conditions.
(1)
Any development permit approved in accordance
with the provisions of this article may be issued with conditions.
Such conditions may be attached, as are deemed necessary, to ensure
the preservation and protection of environmentally sensitive areas
and to ensure compliance with the purpose and intent and the specific
provisions of this article. Every development permit issued pursuant
to this article shall contain the following conditions:
(2)
For projects requiring site plan or subdivision
approval, the EPOD shall be shown on the final site plan map and/or
final plat respectively, along with a statement that any future activity
in the EPOD shall require development permits.
(3)
The Town Planning Board may incorporate permit
conditions of other agencies into local approval conditions and/or
supplement these with local conditions.
(4)
The Town Planning Board may require restrictive
covenants to the Town over that portion of the parcel within an EPOD
or EPODs. These restrictive covenants may restrict or prohibit the
following activities within the EPOD area:
(a)
Construction, including, but not limited to,
any structure, barns and sheds for animals and livestock, fences,
satellite dishes, signs and swimming pools.
(b)
The pasturing or housing of animals and livestock.
(c)
Clear-cutting of trees or removal of vegetation
or other ground cover.
(d)
The location of septic or other sewage disposal
systems.
(e)
The use or deposit of fertilizers, pesticides,
herbicides, toxic wastes or other hazardous substances.
(f)
The filling, changing or disturbing of natural
watercourses and wetlands.
(g)
The construction, use or location of roads,
driveways, bridges, or other structures for the purpose of crossing
EPOD areas.
(h)
The use of motorized vehicles, including, but
not limited to, all-terrain vehicles, motorcycles, snowmobiles, motorbikes,
etc.
(i)
Any change to the topography of the land.
(j)
The location of stormwater detention and retention
drainage facilities.
(k)
Other activities, uses or construction which,
in the opinion of the Planning Board, threaten the existing environmental
or ecological systems in the area.
(5)
The Planning Board may require engineering,
design and construction plans to alleviate or mitigate adverse impacts
that may be created by the proposed development.
(6)
The use of cluster development, in accord with
§ 278 of the New York State Town Law, in conjunction with
these regulations shall not be permitted where, in the opinion of
the Town Planning Board, the concentration of individual sewage disposal
systems may impair groundwater or surface waters.
J.
Notice of decision.
K.
Requirements for letter of credit or certified check.
(1)
Following approval of a development permit and
prior to the issuance of any building or other permit, the applicant
shall furnish the Town with an irrevocable letter of credit or certified
check in an amount determined by the Planning Board to be sufficient
to ensure compliance with the provisions of this article and any condition
or conditions, including remediation plans that may have been imposed
on the activity or project at the time the development permit was
issued.
(2)
The irrevocable letter of credit or certified
check shall continue in full force and effect until such time as the
Zoning Enforcement Officer has inspected the completed work and certified
that the activity or project has complied with the requirements of
this article and the conditions, if any, set forth in the development
permit, whereupon the letter of credit shall be released or the certified
check returned to the permittee.
(3)
Should the Zoning Enforcement Officer determine
at the time of inspection of the completed work or project that the
development permit holder did not comply with some or all of the requirements
of this article and/or the conditions, if any, set forth in the development
permit, the Planning Board may deduct an amount from the letter of
credit or certified check as the Planning Board may determine appropriate
as penalty for noncompliance.
(4)
The requirement for a letter of credit or similar
financial guarantee may be waived by the Town Board upon recommendation
of the Town Planning Board.
L.
Suspension or revocation of permits. The Zoning Enforcement
Officer may temporarily suspend a development permit if the Zoning
Enforcement Officer determines that the permittee is not complying
with any or all terms or conditions of such development permit, has
exceeded the authority granted in the permit or has failed to undertake
the project in the manner approved until such time as the Town Planning
Board reviews such temporary suspension. The Planning Board shall
review such temporary suspension at the next duly called Planning
Board meeting following the date of the temporary suspension of the
development permit, but in no case shall the temporary suspension
by the Zoning Enforcement Officer exceed 30 calendar days. Upon review,
if the Town Planning Board determines that the permittee has failed
to comply with any or all terms or conditions of such development
permit, has exceeded the authority granted in the approval or has
failed to undertake the project in the manner approved, the Town Planning
Board may revoke the development permit after providing the permittee
written notice five days in advance. The Town Planning Board shall
notify the permittee in writing of the findings of the Town Planning
Board and the reasons for revoking the development permit.
Failure to obtain an EPOD permit shall be considered
a zoning violation and shall be subject to penalties as specified
elsewhere in this chapter. The violator may be required to restore
the resource to its original condition at his own expense.
A.
Purpose and intent. The purpose of the Stream Corridor,
Lakeshore and Floodplain Protection District is to provide special
controls to guide land development adjacent to waterway corridors
in the Town of Owasco. The district encourages development of land
so as to protect and preserve the waterways, to prevent soil erosion
and sedimentation due to removal of vegetation, dredging, filling,
damming or channelization, and to prevent activities which degrade
water quality or fish and wildlife habitat.
B.
Delineation of district boundaries. The boundaries
of the Stream Corridor, Lakeshore and Floodplain Protection District
shall be based on the Town of Owasco EPOD Maps. The Stream Corridor,
Lakeshore and Floodplain Protection District are as follows:
(1)
If along a stream corridor, the Protection District
shall include all those areas within 50 feet of waterways measured
horizontally from the center line of the waterway except that along
Dutch Hollow Brook the Protection District shall include all those
areas within 65 feet of Dutch Hollow Brook measured horizontally from
the center line of the waterway, or if in a special flood hazard district,
the Protection District shall include all those areas within 50 feet
of the landward boundary of the special flood hazard, whichever is
greater.
(2)
If along the Owasco Lake shoreline, the Protection
District shall include all those areas within 50 feet, measured horizontally
from the low water mark of 714.00 feet above sea level using United
States Geological Survey datum.
[Amended 9-14-2006 by L.L. No. 3-2006]
C.
Activities regulated.
(1)
Clearing or filling, dredging, excavating, depositing
of natural or man-made materials or constructing on any land area
which lies within the Stream Corridor, Lakeshore and Floodplain Protection
District boundaries.
(2)
The construction or placement of septic tank
or septic leach field.
(3)
Any activity that would alter the natural flow
patterns of a watercourse.
(4)
Any activity that would result in soil erosion
into or sedimentation within a watercourse and/or Owasco Lake.
D.
Standards for permit review.
(1)
General regulations. Any applicant for a permit
to undertake a regulated activity within a Stream Corridor, Lakeshore
or Floodplain Protection District shall be required to adequately
demonstrate that the proposed activity shall in no way, at present
or at any time in the future, adversely affect the following:
(2)
Specific standards. No permit to undertake a
regulated activity within the district shall be issued unless it is
determined that the proposed project complies with the following additional
standards:
(a)
The proposed activity provides adequate measures
to prevent disruption and pollution of fish and wildlife habitats
and freshwater wetlands; change in water temperature due to removal
of shade vegetation; or nonpoint sources of pollution due to stormwater
runoff, septic systems or any other activity on the site.
(b)
The project shall provide adequate measures
to protect surface and ground waters from direct or indirect pollution
and from overuse.
(c)
Fill shall not encroach on natural watercourses,
constructed channels or floodway areas.
(d)
Roads, trails and walking paths along water
bodies shall be sited and constructed so they are not a source of
runoff and sedimentation.
E.
Additional procedures and conditions.
(1)
A vegetative buffer of 50 feet shall be retained
from the center line of the watercourse or from the landward boundary
of a special hazard floodplain, whichever is greater, to trap sediments
and to protect adjacent fish and wildlife habitats. Wherever possible,
the buffer shall retain natural vegetation.
(2)
Site preparation, including the stripping of
vegetative cover or grading, shall be undertaken so that the amount
of time that disturbed ground surfaces are exposed to the energy of
rainfall and runoff water is limited. Disturbed soils shall be stabilized
and revegetated within 14 days of disturbance. During the interim
period, erosion protection measures, including but not limited to
vegetation, retention ponds, recharge basins, berming, silt traps
and mulching, shall be used to ensure that sedimentation is minimized
and mitigated.
(3)
All fill shall be compacted at a final angle
of repose which provides stability for the material, minimizes erosion
and prevents settlement.
(4)
New structures, except for fences, bridges and
fishing access parking areas, shall have the approval of the Planning
Board if within 50 feet of the stream or brook measured horizontally
from the center line of the watercourse or within 50 feet of Owasco
Lake measured horizontally from the 714.00 feet above sea level using
United States Geological Survey datum.
[Amended 9-14-2006 by L.L. No. 3-2006]
(5)
New structures shall be designed and constructed
in accordance with erosion control standards and stormwater control
standards contained in the Best Management Practices for Storm Water
Management Guidelines for New Development, as found in Chapter 6 of
the New York State Department of Environmental Conservation's Stream
Corridor Management Manual.
A.
Purpose and intent. The purpose of the Woodlot Protection
District is to preserve and protect woodland and measurable stands
of trees within the Town of Owasco by regulating development in areas
that contain woodlands.
B.
Delineation of district boundaries. The boundaries
of the Woodlot Protection District shall be delineated on the Town
of Owasco EPOD maps and shall include all areas in the Town of Owasco
that encompass five or more contiguous acres of woodlands and all
woodlot areas within the Lakeshore Zoning District regardless of size.
Areas that involve active orchards shall not be included in the Woodlot
Protection District.
D.
General standards for permit review. Any applicant
for a permit to undertake a regulated activity within a Woodlot Protection
District shall be required to adequately demonstrate that the proposed
activity shall in no way, at present or at any time in the future,
adversely affect the following:
E.
Specific standards. No permit to undertake a regulated
activity within the Woodlot Protection District shall be issued unless
it is determined that the proposed project complies with the following
standards:
(1)
Site development or grading. In planning site
development plans, the applicant shall preserve as many of the original
trees and other site flora, including understory, brush and shrubs,
as possible. The development permitting review process will involve
the following:
(a)
The applicant shall provide a tree preservation
plan at a scale of 1:50 which shows the following:
[1]
Woodlot Preservation District boundaries.
[2]
Limits of proposed clearing for
rights-of-way, utility easements, building sites, access roads and
drainage areas.
[3]
Proposed grade changes in or around
wooded areas.
[4]
Method for providing positive drainage
in any proposed tree wells or areas where drainage patterns will be
modified.
(b)
The applicant shall then clear a survey path
generally along the proposed rights-of-way and stake reference points
such as road stations or lot numbers.
(c)
The applicant shall then schedule a site walk
with the Planning Board and the applicant's site engineer for the
purpose of determining areas where tree preservation methods are to
be intensified or where stands of trees will be left untouched.
(d)
Once this has been done, the applicant's site
engineer shall then calculate to the satisfaction of the Planning
Board that no more than 25% of the original Woodland Protection District
will be disturbed. Grade changes of plus or minus 18 inches will constitute
disturbance.
(e)
If the applicant's site engineer finds it impossible
to retain at least 75% of the original Woodland Protection District,
the applicant shall adequately demonstrate mitigation of the same
through reforesting as follows:
[1]
A determination shall be made by
the Town Planning Board as to the species, size, quantity and dollar
amount that said replanting shall entail.
[2]
This determination shall be mutually
agreed upon by the developer, the developer's consultant and the Town's
landscape consultant.
[3]
The agreed-upon dollar amount for
mitigation shall be included by the developer in a letter of credit
or certified check.
(f)
Prior to commencement of earthmoving operations,
the developer and site contractor shall demonstrate compliance with
the approved limits of disturbance by delineation with snow fencing,
envirofence or other acceptable means of delineation of these boundaries.
(g)
Erosion and siltation controls shall be consistent
with the most recent edition of the New York State Guidelines for
Urban Erosion and Sediment Control.
(h)
Site preparation, including the stripping of
vegetative cover or grading, shall be undertaken so that the amount
of time that disturbed ground surfaces are exposed to the energy of
rainfall and runoff water is limited. Disturbed soils shall be stabilized
and revegetated within 14 days of disturbance. During the interim
period, erosion protection measures, including but not limited to
vegetation, retention ponds, recharge basins, berming, silt traps
and mulching, shall be used to ensure that sedimentation is minimized
and mitigated.
(i)
Once all earthmoving, utility and road construction
has been done, the developer shall have the scheduled trees installed
in locations acceptable to both the Planning Board and developer.
(2)
Tree harvesting.
(a)
The provisions for tree harvesting shall apply
only to the Lakeshore Zoning District. Any activity within the Lakeshore
Zoning District involving the thinning of trees or harvest of timber
for commercial use shall be subject to a development permit. Applications
for this type of activity shall be submitted by the applicant to the
New York State Department of Environmental Conservation and Cayuga
County Soils and Water Conservation Service for review and advisory
opinions. Applicants for such activity must submit a management plan
prepared by a qualified consulting forester or a forest management
recommendation prepared by a NYSDEC forester, which includes the following
information:
[1]
A site plan showing limits of the
proposed work and existing size of the woodlot(s);
[2]
The species and sizes of trees
present and the basal area of the site before and after the proposed
harvesting activity;
[3]
The system of harvesting and access
roads;
[4]
Definite time frame for the activity;
[5]
Proposed erosion and sedimentation
control measures, including revegetation and timing, design in accordance
with "Woodlots of the Northeast, Erosion and Sediment Control Guidelines,"
prepared by the U.S. Department of Agriculture, 1977.
(b)
The posting of a letter of credit or certified
check in an amount sufficient to pay for the completion of remedial
measures, if any, in the event the applicant fails to perform and
complete such remedial measures is required.
(c)
The following specific practices shall be used
to minimize soil erosion and sedimentation during tree harvesting
activities:
[1]
Stream/swale crossings shall be
kept to a minimum.
[2]
Stream banks shall be protected
by controlling skidding and felling close to the stream.
[3]
All roads and skid trails shall
be reviewed for appropriate location, design and construction.
[4]
Landing locations that avoid erosion
problems and minimize impact to understory shall be selected.
[5]
Applications for Woodlot Protection
District development permits shall comply with all applicable New
York State and local fire laws.
[6]
Whenever possible, landings shall
be kept out of sight. Landings and access roads shall be restored
after use.
(3)
Tree preservation within subdivisions.
(a)
The subdivider shall submit a tree preservation
plan prepared by a consulting forester or NYSDEC forester that identifies
which trees are to be removed and which are to be preserved prior
to the submission of an application for preliminary subdivision approval.
(b)
The subdivider shall permanently tag or affix
identification on each tree designated for preservation in the tree
preservation plan submitted.
(c)
The subdivider shall be required to preserve
all trees identified for preservation in the tree preservation plan
unless the Town Planning Board has specifically authorized their removal.
(d)
The subdivider shall install protective barriers
around each tree or groups of trees and adjacent understory not specifically
authorized for removal prior to the start of any construction or may,
with the approval of the Board, erect protective barriers around sections
in which several trees are located. The barriers shall remain in place
and be kept in good repair until all construction has been completed
and removal of the barriers has been authorized by the Zoning Enforcement
Officer. Vehicles, equipment and materials storage shall not be permitted
within the area protected by the barriers.
(e)
Trees which have been designated for preservation,
including supplemental trees, shall be deemed to be required site
improvements, and their preservation and replacement, as necessary,
including the replacement of trees damaged during construction, shall
remain the responsibility of the subdivider for a period of one year
after the completion of the subdivision. That portion of the performance
bond calculated to be the cost of replacing trees to be preserved
or supplemental trees which may be damaged during construction shall
be retained by the Town for at least one year after all improvements
in the subdivision have been completed. Prior to release of the bond,
the trees shall be inspected to ensure that they have not been damaged
and that future growth will be characteristic of the species.
(f)
The requirements for tree preservation shall
not apply to lots for existing houses in a new subdivision, provided
that such lots and houses will not be altered to accommodate development
of the subdivision. However, this provision shall not relieve the
subdivider of the responsibility of including in the tree preservation
plan for the subdivision any tree eight inches or more in caliper
located within 50 feet of a new lot or required subdivision improvement.
When lots for existing houses have been excluded from the tree preservation
plan, the landscape architect shall set forth on the plan which lots
have been excluded and shall certify that the plan does include all
trees eight inches or more in caliper located within 50 feet of a
new lot or other subdivision improvement and that surrounding development
will not substantially alter the environment of the trees on such
lot.
(g)
In cases where the number of trees required
to satisfy the penalty cannot be accommodated on the site of the violation,
the penalty shall include planting of trees on available public spaces
and/or payment of $800 per tree to the Town tree fund.
(h)
Erosion and siltation controls shall be consistent
with the most recent edition of the New York State Guidelines for
Urban Erosion and Sediment Control.
(i)
Site preparation, including the stripping of
vegetative cover or grading, shall be undertaken so that the amount
of time that disturbed ground surfaces are exposed to the energy of
rainfall and runoff water is limited. Disturbed soils shall be stabilized
and revegetated within 14 days of disturbance. During the interim
period, erosion protection measures, including but not limited to
vegetation, retention ponds, recharge basins, berming, silt traps
and mulching, shall be used to ensure that sedimentation is minimized
and mitigated.
A.
Purpose. The purpose of the Steep Slope Protection
District is to minimize the impacts of development activities on steep
slopes in the Town of Owasco by regulating activities in such areas
and by requiring review and permit approval prior to project commencement.
The development impacts include soil erosion and sedimentation, destruction
of vegetation, increased stormwater runoff rates and landslides. The
regulations contained in this district are designed to minimize the
disturbance or removal of existing vegetation, prevent increased erosion
and stormwater runoff, maintain established drainage systems, locate
development where it is less likely to cause future slope failures
and to retain, as much as possible, the natural character of these
areas.
B.
Delineation of district boundaries. The boundaries
of the Steep Slope Protection District shall be delineated on the
Town of Owasco Official Maps and shall include all areas of fifteen-percent
or greater slopes, and all areas within 50 feet of the toe or top
of such slopes. The Planning Board may consult other information,
including but not limited to the Soil Survey Map of Cayuga County,
topographic maps produced by the United State Geological Survey, filed
surveys and other appropriate sources, in order to more accurately
locate and delineate Steep Slope Protection District boundaries.
C.
Regulated activities.
(1)
Clearing of or constructing on any land area within the Steep Slope Protection District, including construction or clearing activities related to providing equipment access on the site, except for those activities exempted from regulations as enumerated in § 150-9.16 of the article.
(2)
The construction or placement of any sewage
disposal system, including individual sewage disposal systems septic
tanks, septic drainage or leach fields.
(3)
Filling, cutting or excavation operations.
(4)
Discharge of stormwater and/or construction
and placement of stormwater runoff systems.
D.
Standards for permit review.
(1)
General regulations. No permit to undertake
a regulated activity within a Steep Slope Protection District in the
Town of Owasco shall be issued unless the project complies with the
following additional standards:
(a)
The stable angle of repose of the soil classes
found on the site shall be 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 shall be determined by a professional soil scientist
or engineer using the soil classes and nomenclature contained in the
Soil Survey of Cayuga County and obtained for the site by borings,
as well as high-intensity soil survey data provided by the applicant.
(b)
The stability of soils will be maintained or
increased to adequately support any construction thereon or to support
any landscaping, agricultural or similar activities. This shall be
documented by soil bearing data provided by a qualified testing laboratory
or engineer and paid for by the developer.
(c)
No proposed activity will cause erosion or slipping
of soil or cause sedimentation to be discharged into any stream, brook,
tributary, wetlands or into Owasco Lake.
(d)
Plant life located on the slopes outside the
minimum area that need 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 to maintain the natural scenic characteristics of any
steep slope.
(e)
Access down steep slopes shall be provided with
ramp slopes no greater than one to six and side slopes not greater
than one to three if not terraced or otherwise structurally stabilized.
Disturbed nonroadway areas shall be stabilized and adequately drained.
(f)
There is no reasonable alternative for the proposed
regulated activity on that portion of the site not containing steep
slopes.
(2)
Specific standards. Construction of erosion
protection structures shall be permitted according to the following
standards:
(a)
All erosion protection structures shall be designed
and constructed according to generally accepted engineering principles
found in publications entitled "Stormwater Management Guidelines for
New Development" and "Best Management Practices for Stormwater Runoff
Management" as found in Chapter 6 of the New York State Department
of Environmental Conservation Stream Corridor Management Manual.
(b)
A long-term maintenance program shall be included
in any application for construction, modification or restoration of
an erosion protection structure until ground cover has been reestablished.
Such program shall include specifications for normal maintenance of
degradable materials and the periodic removal of materials.
(c)
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.
(d)
Temporary erosion controls, i.e., straw bales,
siltation fences, hydro seeding and mulching, shall be provided for
all disturbed areas, shall be installed before work begins and shall
be maintained until restoration is complete. The site plan shall identify
the locations and methods of erosion/siltation controls.
(e)
A construction and erosion control schedule
should be required from the applicant as part of the permit application.
All disturbed steep slope areas shall be regraded and stabilized as
soon as possible, but in less than 14 days.
(f)
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.
(g)
Any grading, excavating or other soil disturbance
conducted on a steep slope shall not direct surface water runoff over
the receding (downhill) edge during construction.
(h)
Removal of existing mature tress from steep
slope areas will be permitted only where absolutely necessary to allow
the subject construction. All trees larger than three inches in diameter
to be removed shall be shown on the site plan.
(3)
Prior to receiving any approval or imposing
any conditions of approval, the applicant for a development permit
shall have the burden of demonstrating that the proposed regulated
activity will be conducted in accordance with the standards and requirements
of this section, as well as any additional requirements which may
be imposed by the Town Planning Board.
