It is hereby found and declared that the unmanaged
use or alteration of topography, excessive filling, channel encroachment
or other acts affecting the natural discharge of water through floodplains
constitutes a threat to the health, safety and welfare of the residents
of the Town of Gates and to the economic vitality of the community.
The purpose of this district is to protect the health, safety and
welfare of the Town's residents from hazards due to periodic flooding.
This shall include the protection of persons and property, the preservation
of water quality and the minimizing of expenditures for relief insurance
and flood control.
There is hereby established a Floodway District,
FW, to accomplish the purposes of this article. This district contains
lands immediately adjacent to the existing watercourse of Little Black
Creek and is the lands that would probably be covered by moving water
in the event of a one-hundred-year flood. This district includes the
water channel and the lands immediately adjacent to and on both sides
of the creek which will carry the increased discharge due to periodic
flooding. This district does not imply that areas outside the designated
district boundaries will be free from flooding or flood damages.
The following uses are permitted in the FW District:
A.
General farming, including but not limited to the
growing and raising of trees, shrubs, vines, berries, vegetables,
nursery stock, hay, grains and similar food and fiber crops, pasturing
and grazing.
B.
Animal husbandry, including the breeding and raising
of cattle, sheep, horses, goats, pigs and rabbits.
C.
Temporary and/or seasonal stands for the sale of agricultural
products grown, raised or produced on the premises.
D.
Open recreation uses for which no occupied structures
are necessary, such as parks, playgrounds, riding trails, playing
fields, golf courses and golf driving ranges and tennis courts.
E.
Wildlife, game and forest preserves.
F.
Off-street parking areas, provided that that no overnight
parking is permitted.
G.
Lawns, gardens and play areas.
H.
Historic, scientific and scenic area preservation.
I.
Uses of a similar character but not specifically listed
above may apply to the Town Board for approval to locate in this area.
Approval shall be granted upon a finding by the Board that said use
is indeed of the same general character as the above permitted uses.
There are no minimum dimensional regulations required for the uses permitted in this district other than that the area is that, in the opinion of the Town official designated to implement the purpose of this article, necessary to uphold the purpose of this district and to meet the requirements specified in § 190-69 of this article.
Each use listed as being permitted in this district shall be subjected to the site plan approval process pursuant to Article XXXIII of this chapter. The site plan shall include, if not specifically listed in Article XXXIII, the following:
A.
The location and design of the off-street parking
and/or loading requirements called for in this chapter.
B.
Fences, hedges, berms and screen plantings; and their
location, design, type, density, etc., so that a determination can
be made as to whether or not they will impede flood flows or in any
other way be detrimental to or contrary to the provisions of this
district.
A.
All permits for development of any use shall be reviewed
by the United States Army Corps of Engineers or the Town Engineer
for approval.
B.
All uses and utilities shall meet the requirements
of the National Flood Insurance Program for which the Town of Gates
has been approved.
C.
It shall be demonstrated for each use that any filling
permitted will not unduly increase flood levels on adjacent lands.
D.
It shall be demonstrated that the amount and rate
of runoff from the site would not increase flood hazards downstream
from the site. Additionally, site runoff combined with projected upstream
drainage should not result in any problems to the site. Any requirements
necessary to comply with this condition shall be met by the applicant.
E.
No temporary or permanent structure, fill for any
purpose, deposit, obstruction, storage of materials or equipment or
other uses shall be permitted which, acting alone or in combination
with existing or future uses, will unduly affect the efficiency or
the capacity of the floodway or unduly increase flood heights, cause
increased velocities or obstruct or otherwise catch or collect debris
which will flow under flood conditions in the floodway.
Each applicant who requests permission to conduct
uses other than those listed above and whose site is located in the
Floodplain Overlay District FPO shall submit sufficient information
to the Town Engineer to prove that the site in question is not in
the floodway of Little Black Creek.
