[Amended 10-8-2013 by L.L. No. 2-2013]
A.
General requirements. Pursuant to the provisions of § 274-a of the Town Law and § 215-140 of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.[1]
[Amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
The minimum landscape requirements and erosion
and sedimentation controls for any use requiring site development
plan approval are a general guide only and may be waived or varied
by the Planning Board where, due to special characteristics of the
project site, the proposed use, surrounding area or buildings and
structures, such changes are necessary to ensure compatibility and
conformance with other standards or criteria of this chapter. The
minimum landscape requirements and erosion and sedimentation controls
for any use requiring site development plan approval may be waived
or varied by the Planning Board where, due to special characteristics
of the project site, the proposed use, surrounding area or buildings
and structures, such changes are necessary to ensure compatibility
and conformance with other standards or criteria of this chapter and
shall be no less protective of the environment. The Planning Board
minutes shall contain an identification of the special characteristics
on which such waiver or variation is based.
The provisions of the State Environmental Quality
Review Act (SEQRA) shall be complied with as appropriate. Fees for
SEQRA processing are in addition to other fees required by this chapter
as set forth in the Standard Schedule of Fees of the Town of Stony
Point.[1]
No person shall maintain a swimming pool unless
the safeguards set forth herein are observed:
A.
All in-ground swimming pools and any pool that is
not above the ground shall be encompassed within a permanent protective
fence so that the entire perimeter of the swimming pool shall be surrounded
thereby.
[Amended 5-8-1990]
B.
Aboveground pools need not be fenced, provided that
the pool itself is so constructed that, when not attended by a person
of suitable age, the steps or ladder to the pool shall be removed
or raised in such fashion so that access cannot be gained.
C.
All fences and other safeguards referred to herein
must be approved in writing by the Building Inspector of the Town
of Stony Point.
In addition to any existing federal legislation,
development activity within the Town's floodplains will be further
governed by the relevant section of the Site Development Plan Rules
and Regulations.[1]
[Added 3-9-1993 by L.L. No. 3-1993; amended 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000; 10-8-2013 by L.L. No. 2-2013]
A.
Any lot or site containing freshwater wetlands shall comply with the requirements of Chapter 116, Freshwater Wetlands. Any wetland located within the Town of Stony Point is deemed a freshwater wetland and shall be subject to the requirements contained in Chapter 116 and the regulations contained herein.
B.
The following additional standards shall apply to freshwater wetlands
located in the Town of Stony Point. These regulations are in addition
to any requirements that may be imposed by the New York State Department
of Environmental Conservation or the United States Army Corps of Engineers
(ACOE) for activities effecting freshwater wetlands regulated by said
agencies. Where a conflict exists, the regulations that are most protective
of freshwater wetlands shall apply.
(1)
It shall be a matter of Town policy to limit disturbance in close
proximity to any freshwater wetland in the Town. No building, structure
or impervious surfaces shall be situated, nor shall grading of land
or clearcutting of vegetation be permitted within the required wetland
conservation buffer areas established herein. For any freshwater wetland
regulated by the New York State Department of Environmental Conservation
or equal to or greater than 12.4 acres in size, the minimum freshwater
wetland conservation buffer shall be 100 feet. For any freshwater
wetland regulated by the United States Army Corps of Engineers, the
freshwater wetland conservation buffer shall be in accordance with
any conditions established by said agency as part of its permitting
process.
(2)
Regulated activities. No building permit shall be issued, nor shall
any site plan or subdivision plan be approved except in conformity
with these regulations. The following activities shall not be permitted
within a wetland conservation buffer without first obtaining Planning
Board approval:
(a)
The construction of a building, structure or impervious surface
or grading or filling activities exceeding 200 square feet.
(b)
Any disturbance exceeding 500 square feet shall require Planning
Board approval. The maximum amount of fill placed within a wetland
conservation buffer shall not exceed 100 cubic yards.
(c)
Clearcutting of existing vegetation exceeding 10% of the wetland
conservation buffer; however, in no case shall said disturbance be
conducted within 25 feet of the streambank.
(3)
Town Engineer approval required for utility installation within a wetland conservation buffer for existing uses. Drainage by ditches, underdrains or other systems shall be approved by the Town Engineer in accordance with § 215-102 of this Zoning Chapter. Disturbance shall be minimized to the maximum extent practicable. Nothing herein shall be construed to permit alteration to the stream's natural course. Subsequent to installation, the disturbed area of the stream conservation buffer shall be restored to its natural state.
(4)
For regulated activities, the distances established herein shall
be considered the minimum setback and may be increased depending on
the nature of the terrain, the proposed disturbance and potential
impacts to the stream that may result.
(5)
These regulations are in addition to any regulations or requirements
that may be imposed by the New York State Department of Environmental
Conservation, the United States Army Corps of Engineers or other county,
state or federal agency for activities affecting streams. Where any
conflict exists, the regulations that are more protective of the area
regulated herein shall apply.
(6)
Grandfathered existing improvements. The provisions of this section
shall not apply to any land use, improvement or development that has
been physically completed prior to the effective date of these provisions.
As used in this section, "physically completed" shall mean the actual
completion of construction activities related to a regulated activity,
including filling, erecting structures or other improvement or development
activities.
(7)
Grandfathered subdivisions, site plans and building permits. An applicant
shall not be subject to these requirements where the applicant has
been issued a building permit within three years from the effective
date of this chapter for property that has preliminary or final subdivision
approval or site plan approval. For subdivisions with preliminary
approval, the grandfather period shall be extended for three years
commencing on the date that final subdivision approval is granted.
Nothing herein shall permit the issuance of a building permit for
an activity that does not meet these regulations within a subdivision
or site plan for which approval has expired. Any property which does
not require site or subdivision plan approval, has been issued a building
permit and does not conform to these regulations, shall be grandfathered
for three years from the effective date of this section or until the
building permit expires, whichever is less.
(8)
Exempted activities. The following activities shall be exempted from
the provisions of this section:
(a)
The construction of a building, structure or impervious surface
equal to or less than 200 square feet.
(b)
Grading or filling activities equal to or less than 200 square
feet.
(c)
Normal ground maintenance, including mowing, trimming of vegetation
and removal of dead or diseased vegetation around a residence.
(d)
Selective cutting to remove dead branches or vegetation or to
remove a hazard, e.g., removal of a dead tree to avoid damage to a
property.
(e)
Activities exempted from permit by § 24-0701 of Title
7 of Article 24, Freshwater Wetlands, of the Environmental Conservation
Law.
(f)
Routine maintenance of grandfathered existing improvements.
C.
Except as otherwise exempted above, disturbance to the wetland conservation
buffer shall require approval by resolution of the Planning Board.
In making its determination, the Planning Board shall consider the
following:
(1)
Alternative location. The Planning Board shall consider reasonable
alternative locations for said structures, buildings or proposed disturbance.
The Planning Board shall determine whether the proposed activity may
be situated in another portion of the property and located outside
the stream conservation buffer.
(2)
Infrastructure requirements. The Planning Board may approve disturbance
to the wetland conservation buffer for construction of utility lines
requiring discharge to a stream, e.g., minor clearcutting activities
to install a stormwater management structure or, where there are no
alternative locations, to situate proposed infrastructure, e.g., a
septic field.
(3)
Other activities. The Planning Board may approve wetland restoration
projects, water quality monitoring and stream gauging, removal of
individual trees which are in danger of falling or may cause damage
to dwellings or other structures or block stream flow, or similar
activities which will have a minor negligible impact on the wetland's
function or its water quality.
D.
Disturbance to be mapped. The applicant shall submit a property survey
showing the general extent of the area to be disturbed and distance
to the wetland. The Planning Board may require the submission of additional
information, e.g., topography, if necessary to review the potential
impact associated with the disturbance.
E.
The Planning Board shall establish such conditions as may be necessary
to minimize or mitigate disturbance to the wetland conservation buffer.
The Planning Board may require that the area be flagged or otherwise
be demarcated to identify the limits of disturbance as a condition
of an approval.
F.
The Planning Board may approve disturbance to the wetland conservation buffer as part of a site plan or subdivision application approval and shall make the same findings as required in § 215-72.1B above.
G.
Nothing herein shall be construed to permit disturbances to a wetland
or its conservation buffer otherwise regulated by other local, county,
state or federal agencies. Where a conflict may exist, the regulations
that are most protective of the environment shall apply.
H.
Disturbance to the wetland conservation buffer shall require approval
by resolution of the Planning Board. In considering the need for said
disturbance, the Planning Board shall consider:
I.
The Planning Board shall establish such conditions as may be necessary
to minimize disturbance to the wetland conservation buffer, including
a delineation of the area to be disturbed prior to work being conducted.
The applicant shall obtain all relevant state or federal permits prior
to an approval being granted.
[Added 5-9-2000 by L.L. No. 2-2000; amended 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000; 10-8-2013 by L.L. No. 2-2013]
A.
Purpose. Stream and riparian areas, the habitat bordering streams,
are critical for water quality protection, erosion control, and as
a living environment for many species of birds and wildlife. The riparian
area adjacent to the stream shall be herein referred to as the stream
conservation buffer. One of the most important methods of protecting
stream quality is to limit stream disturbance within close proximity
to a stream and its riparian area. The New York State Department of
Environmental Conservation has established a water quality classification
system for streams and designated the streams in the Town of Stony
Point in accordance with this system.
(1)
Stream conservation buffer area. No building permit shall be
issued, nor shall any site plan or subdivision plan be approved, except
in conformity with these regulations. Activities shall be regulated
within any stream conservation buffer area, defined as that area measured
perpendicular to a stream and located within a minimum distance from
the stream established herein, or such greater distance as may be
established by any permitting agency with authority over streams.
The minimum distances are as follows:
(a)
Seventy-five feet of the top of the streambank of a stream designated
trout spawning (TS) or trout production (T) waters:
(b)
Fifty feet of the top of a streambank of a stream designated
A, B or C streams.
(c)
Twenty-five feet of the top of a streambank designated D or
any nondesignated stream.
(d)
No stream buffer is required for intermittent or ephemeral streams,
however, the Town Engineer shall review and approve any activity requiring
a building permit that would fill, grade, reroute or otherwise alter
a nondesignated intermittent or ephemeral stream to ensure that said
activity shall not have a negative impact on drainage and property
or otherwise negatively impact the proper functioning of said stream.
The Planning Board shall approve said activities in conjunction with
site plan or subdivision plan review. NYSDEC's manual entitled "Stream
Corridor Management" shall be used as a guide in decisionmaking. To
the maximum extent practicable, the intermittent stream should be
left in its natural state.
(2)
Regulated activities. No building permit shall be issued, nor
shall any site plan or subdivision plan be approved except in conformity
with these regulations. The following activities shall not be permitted
within a stream conservation buffer without first obtaining Planning
Board approval:
(a)
The construction of a building, structure or impervious surface
or grading or filling activities exceeding 200 square feet. The maximum
amount of fill placed within a stream conservation buffer shall not
exceed 100 cubic yards.
(b)
Any disturbance exceeding 500 square feet shall require Planning
Board approval.
(c)
Clearcutting of existing vegetation exceeding 200 square feet
and in no case shall said disturbance be conducted within 25 feet
of the streambank.
(3)
Town Engineer approval required for utility installation within a stream conservation buffer for existing uses. Drainage by ditches, underdrains or other systems shall be approved by the Town Engineer in accordance with § 215-102 of this Zoning Chapter. Disturbance shall be minimized to the maximum extent practicable. Nothing herein shall be construed to permit alteration to the stream's natural course. Subsequent to installation, the disturbed area of the stream conservation buffer shall be restored to its natural state.
(4)
For regulated activities, the distances established herein shall
be considered the minimum setback and may be increased depending on
the nature of the terrain, the proposed disturbance and potential
impacts to the stream that may result.
(5)
These regulations are in addition to any regulations or requirements
that may be imposed by the New York State Department of Environmental
Conservation, the United States Army Corps of Engineers or other county,
state or federal agency for activities affecting streams. Where any
conflict exists, the regulations that are more protective of the area
regulated herein shall apply.
(6)
Grandfathered existing improvements. The provisions of this
section shall not apply to any land use, improvement or development
that has been physically completed prior to the effective date of
these provisions. As used in this section, "physically completed"
shall mean the actual completion of construction activities related
to a regulated activity, including filling, erecting structures or
other improvement or development activities.
(7)
Grandfathered subdivisions, site plans and building permits.
An applicant shall not be subject to these requirements where the
applicant has been issued a building permit within three years from
the effective date of this chapter for property that has preliminary
or final subdivision approval or site plan approval. For subdivisions
with preliminary approval, the grandfather period shall be extended
for three years commencing on the date that final subdivision approval
is granted. Nothing herein shall permit the issuance of a building
permit for an activity that does not meet these regulations within
a subdivision or site plan for which approval has expired. Any property
which does not require site or subdivision plan approval, has been
issued a building permit and does not conform to these regulations
shall be grandfathered for three years from the effective date of
this section or until the building permit expires, whichever is less.
(8)
Exempted activities. The following activities shall be exempted
from the provisions of this section:
(a)
The construction of a building, structure or impervious surface
equal to or less than 200 square feet.
(b)
Grading or filling activities equal to or less than 200 square
feet.
(c)
Normal ground maintenance, including mowing, trimming of vegetation
and removal of dead or diseased vegetation around a residence.
(d)
Selective cutting to remove dead branches or vegetation or to
remove a hazard, e.g., removal of a dead tree to avoid damage to a
property.
(e)
Routine maintenance of grandfathered existing improvements.
B.
Except as otherwise exempted above, disturbance to the stream conservation
buffer shall require approval by resolution of the Planning Board.
In making its determination, the Planning Board shall consider the
following:
(1)
Alternative location. The Planning Board shall consider reasonable
alternative locations for said structures, buildings or proposed disturbance.
The Planning Board shall determine whether the proposed activity may
be situated in another portion of the property and located outside
the stream conservation buffer.
(2)
Infrastructure requirements. The Planning Board may approve
disturbance to the conservation stream buffer for construction of
utility lines requiring discharge to a stream, e.g., minor clearcutting
activities to install a stormwater management structure, or where
there are no alternative locations to situate proposed infrastructure,
e.g., a septic field.
(3)
Other activities. The Planning Board may approve stream restoration
projects, water quality monitoring and stream gauging, removal of
individual trees which are in danger of falling or may cause damage
to dwellings or other structures or block stream flow or similar activities
which will have a minor negligible impact on the stream's function
or its water quality.
C.
Disturbance to be mapped. The applicant shall submit a property survey
showing the general extent of the area to be disturbed and distance
to the stream. The Planning Board may require the submission of additional
information, e.g., topography, if necessary to review the potential
impact associated with the disturbance.
D.
The Planning Board shall establish such conditions as may be necessary
to minimize or mitigate disturbance to the stream buffer. The Planning
Board may require that the area be flagged or otherwise be demarcated
to identify the limits of disturbance as a condition of an approval.
E.
The Planning Board may approve disturbance to the stream conservation buffer as part of a site plan or subdivision application approval and shall make the same findings as required in § 215-72.1B above.
F.
Nothing herein shall be construed to permit construction within the one-hundred-year floodplain without first obtaining all necessary local, county, state or federal permits. Activities permitted within the stream conservation buffer may be subject to Chapter 112, Flood Damage Prevention, of the Code of the Town of Stony Point.
G.
Nothing herein shall be construed to permit disturbances to a stream
or its conservation buffer otherwise regulated by other local, county,
state or federal agencies. Where a conflict may exist, the regulations
that are most protective of the environment shall apply.
