A.
Purpose. The purpose of this overlay district is to
delineate areas of the Town which are characterized by important natural
features, including but not limited to floodplains, wetlands, stream
corridors and unique aesthetic areas.
B.
Review process. The Land Conservation District is
an overlay. The uses in the underlying districts are permitted subject
to Zoning Board of Appeals review. The review process for this district
has two parts. The first step is a determination of the presence and
importance of natural features on the proposed development site. If
no important natural features are present [i.e., the site is outside
the one-hundred-year floodplain (or does not impact an important natural
feature)], detailed review by the Zoning Board of Appeals is not required.
If a project falls within a conservation overlay and a sensitive natural
condition exists, further review is required.
C.
Determination of presence and significance.
(1)
For proposed actions in the Land Conservation Overlay
District, additional review and submission requirements may be deemed
necessary by the Zoning Board of Appeals. Upon referral of a proposed
action in the Land Conservation Overlay District, the Zoning Board
of Appeals shall first make a determination of the presence and importance
of natural features on the development site. To make this determination,
the Zoning Board of Appeals may refer to the Comprehensive Plan, Land
Development Plan, HUD, FIA, Flood Insurance Maps, DEC wetland maps,
Corps of Engineers' data on flood elevations, cross sections, etc.
The Zoning Board of Appeals may consult with other review and permit-granting
agencies and professionals to make this determination.
(2)
The natural features to be considered under this section
shall include, but not be limited to, floodplains, wetlands, stream
corridors, ravines, rock outcroppings, overlooks, unique settings
and areas immediately adjacent to such features.
(3)
Review of proposed actions.
(a)
Proposed actions which are determined to be in an identified floodplain shall be subject to the provisions of Subsection D of this section.
(b)
Proposed actions which are determined to be in or adjacent to other important natural features may be required by the Zoning Board of Appeals to comply with Article XXI of this code.
(c)
Proposed actions which are determined to be
in or adjacent to a wetland area should be referred to the regional
office of the Department of Environmental Conservation. The Zoning
Board of Appeals should discourage major filing and construction proposals
in and adjacent to wetlands.
