The purpose of the Environmental Protection Overlay Districts
(EPODs) established in this chapter is to provide special controls
over land development located in sensitive environmental areas within
the Town. The EPOD regulations are intended to maintain open space
and to prevent the irreversible loss of natural resources; enhance
the safety of residents and property located within areas of special
flood hazard; maintain and/or improve surface water quality; preserve
wildlife habitats; enhance the aesthetics of site development; preserve
important scenic vistas which are visible from public rights-of-way;
maintain soil and slope stability; and control the impacts of development
on the environment.
The requirements of the overlay district shall be met in addition
to any requirements specified for development in the respective primary
zoning district. In addition to meeting the requirements of the underlying
zoning district and these EPOD regulations, development shall also
meet all of the standards for development as further regulated by
the Federal Emergency Management Agency (FEMA), the United States
Army Corps of Engineers and the New York State Department of Environmental
Conservation (NYSDEC).
In order to implement the purpose and intent set forth above
in this chapter, the following EPODs are hereby established:
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EPOD 1
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Wetland Protection Overlay District
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EPOD 2
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Steep Slope Protection Overlay District
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EPOD 3
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Watercourse Protection Overlay District
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EPOD 4
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Scenic Vista Protection Overlay District
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EPOD 5
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Historic and Archeological Site Protection Overlay District
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EPOD 6
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Waste Disposal Site Protection Overlay District
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EPOD 7
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Woodlot and Timber Harvesting Protection Overlay District
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EPOD 8
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Flood Damage Prevention Overlay District
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EPOD 9
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Soils Susceptible to Ponding Overlay District
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EPOD 10
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Geological Feature Protection Overlay District
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The locations and boundaries of all EPODs are delineated on
an official set of maps on file in the Building Department. These
maps are known as the "Official Town of Mendon EPOD Maps" and include
the Environmental Atlas Maps of the Town prepared by the Monroe County
Environmental Management Council; the FEMA Flood Insurance Rate Maps
for the Town of Mendon; the New York State Department of Environmental
Conservation Freshwater Wetland Maps for the Town of Mendon; and federally
designated wetland maps. The Official Town of Mendon 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 analyses
shall be required in order to determine whether a particular piece
of property is included within one or more of the overlay districts.
The Code Enforcement Officer (CEO) shall be responsible for
interpreting EPOD boundaries based upon an interpretation of the Official
Town of Mendon EPOD Maps, as well as the use of various criteria set
forth in this chapter for determining such district boundaries. The
CEO may request the assistance of the Town Engineer or other appropriate
board in making a determination.
A.
EPOD development permit. In those EPODs where development is allowed,
an EPOD development permit is required, subject to the provisions
of this article and prior to the commencement of any regulated activity
or the issuance of any permit for regulated development.
B.
Activities not requiring a permit:
(1)
Lawn care and maintenance, except as limited by this chapter.
(2)
Gardening activities.
(3)
Tree and shrub care and maintenance.
(4)
Removal of dead or deteriorating vegetation or trees.
(5)
Removal of structures, except for those as further regulated within
Historic and Archaeological Site Protection EPOD sites.
(6)
Repair and maintenance of structures, except for those as further
regulated within Flood Damage Prevention EPOD sites.
(7)
Repair and maintenance of faulty or deteriorating sewage facilities
or utility lines.
(9)
Customary agricultural activities in a county agricultural district.
(10)
Public health activities, orders and regulations of the New
York State Department of Health, Monroe County Department of Public
Health or other public health agency.
(11)
Emergency activity which is immediately necessary for the protection
and preservation of life, property or natural resource values.
C.
Application for permit. A permit application is required when the proposed activity does not require Planning Board approval. Applications for EPOD development permits shall be made in writing to the CEO, on forms available in the Building Department. The application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the authorized official. The application shall be accompanied by a site plan map and other information as required for site plan approval found in Chapter 260, Zoning, Article VIII, Site Plan Regulations. Each application for an EPOD development permit shall be accompanied by the appropriate fee as determined by the Town Board. This fee shall be in addition to any other fees required.
D.
Permit review.
(1)
For projects requiring site plan approval, the CEO shall refer the matter to the Planning Board for a public hearing in accordance with the provisions of Chapter 260, Zoning. The CEO may refer all applications 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 complete application in which to review such application and report their recommendations to the Planning Board or authorized official. Should such boards or agencies fail to report their recommendations within the thirty-day time period, then the CEO or Planning Board may take action on the permit application without such report. Any SEQRA review shall be completed by the Planning Board.
(2)
When an EPOD development permit application proposes any development
activity or site improvements within parcels containing areas identified
in the Town's Official Open Space Index, then the applicant shall
be referred to the Environmental Conservation Board for its review
and recommendations regarding the following:
(3)
The CEO or Planning Board shall have the authority to grant or deny an EPOD development permit, subject to the standards, criteria and other regulations contained in this chapter and Chapter 260, Zoning. Should a board to which the matter has been referred make recommendations which the CEO or Planning Board chooses not to follow, in whole or in part, the reasons for not doing so shall be made a part of the written determination.
(4)
Any development permit issued by the CEO or the Planning Board in
accordance with the provisions of this chapter 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 chapter. Every permit issued pursuant
to this chapter shall contain the following conditions:
(a)
The CEO or other designated Town official shall have the right
to inspect the project from time to time.
(b)
The permit shall expire within six months of the date issued,
if construction is not started, or within one year if there has not
been a substantial amount of work completed after the start of construction.
(c)
The permit holder shall notify the CEO of the date on which
project construction is to begin, at least five days in advance of
such date of construction.
A.
Following approval of an application for an EPOD development permit,
and prior to the issuance of any building or other Town permit, the
applicant shall furnish the Town with an irrevocable letter of credit
or certified check in an amount to be established by the Town Board
after review by the Town Engineer. Said instrument shall be sufficient
to cover the costs of compliance, contingencies and inspection of
the various specifications and conditions of the development permit.
The purpose of the letter of credit or certified check shall be to
ensure that all items, activities or structures specified in the plans
approved by the authorized boards or agencies and by the Town are
constructed or carried out in accordance with such plans and specifications
and other appropriate requirements of the Town.
B.
The irrevocable letter of credit or certified check shall continue
in full force and effect until such time as the CEO has certified
that, based upon a site inspection, all specifications, requirements
and permit conditions have been completed and/or complied with. At
such time, the letter of credit or certified check shall be released
to the applicant. Where the CEO finds noncompliance with permit conditions,
said official may deduct or withhold an amount from the letter of
credit or certified check sufficient to cover the cost of compliance
with any requirements, specifications or permit conditions.
The CEO may suspend a permit until such time as the Planning
Board reviews the suspension. The Planning Board may suspend or revoke
a development permit issued in accordance with the provisions of this
chapter. Suspension or revocation shall be based upon evidence that
the applicant has not complied with any or all terms or conditions
of such permit, has exceeded the authority granted in the permit or
has failed to undertake the project in the manner set forth. The Planning
Board shall, in writing, notify the applicant of this finding and
the reasons for revoking or suspending a permit issued pursuant to
this chapter and shall forward a copy of said findings to the applicant.
A.
Where a proposed development or subdivision contains an area delineated
on the Official Town of Mendon EPOD Maps, the Planning Board has the
right to restrict or prohibit the following activities within the
EPOD portion of the site:
(1)
Construction, including but not limited to structures, roads, bridges,
drainage facilities, barns and sheds for animals and livestock and
fences, subject to New York State's Agricultural District Law
which is adopted by the Monroe County Legislature.
(2)
Clear-cutting of trees or removal of vegetation or other ground cover.
(3)
Change in the natural flow of a stream or disturbance of a streambed.
(4)
Placement of septic or other sewage disposal systems.
(5)
The use of motorized vehicles, including but not limited to all-terrain
vehicles, motorcycles, snowmobiles and motorbikes.
B.
Where proposed development results in a conservation restriction
being imposed by the Planning Board, said restriction shall be noted
on the final approved map and filed with the office of the County
Clerk and/or the Building Department.
All appeals of decisions of the CEO made under this chapter
shall be made to the Planning Board.
