The following additional standards applicable to special use
permits within the Waterfront District and the Mixed Use Waterfront
District. To ensure the appropriate development of land, the Planning
Board may issue a special use permit only after it has found that
all of the following standards and conditions have been satisfied
in addition to standards already applicable.
A. The special use shall not be incompatible with the type and direction
of development for the site and surrounding area as proposed in the
adopted and approved Local Waterfront Program.
B. If a non-water-dependent use is proposed for development on a lot
having shoreline frontage, the use shall be allowed only if compatible
with a waterfront location; future demand for a water-dependent use
is not reasonably foreseeable and appropriate measures are taken to
mitigate, to the greatest extent possible, against an irreversible
commitment of land to non-water-dependent use.
C. A special use or combination of uses shall include water-dependent
recreation as a mixed use whenever possible.
D. The following standards shall apply to new marina and marina-related
project proposals as well as projects for expansion of existing marinas:
(1) In general, all new marina proposals or expansion of existing shall,
as appropriate, include sufficient parking, park-like surroundings,
toilet facilities and marine pump out facilities.
(2) In evaluating proposals for new marina construction, the Village
of Athens will favor those proposals which involve an efficient utilization
of open water space by providing alternative ways of meeting the needs
of boaters. Alternatives include dry-stack facilities with the minimum
number of wet slips needed to provide efficient operation, rehabilitation
and alteration of existing marinas, open water facilities, or any
combination of these four approaches.
(3) Marinas shall be located in areas where at least the minimum physical
attributes required by marinas already exist and where minimal initial
and subsequent attributes include natural depths at or exceeding minimum
navigable depths, low rates of sediment transport and sufficient tidal
action to promote flushing. Dredging shall be limited to the minimum
dimensions necessary for the project and must receive the necessary
approvals from the NYS Department of Environmental Conservation and
the Army Corps of Engineers. Marinas shall not be permitted in areas
that would require frequent maintenance dredging that would harm aquatic
life or would prevent the relocation of benthic organisms. Such areas
would include those which would require maintenance dredging more
often than once every five years.
(4) Applicants must demonstrate that there is an adequate water supply
to serve all of the project's needs.
(5) Sewage pump out facilities shall be provided at new marinas at a
minimum rate of one pump-out station for every 100 boats accommodated
or fraction thereof. For expansions of existing marinas, the number
of pump-out stations, if any, shall be determined by the nature and
size of the marina and the specific features of its site.
(6) Adequate rest room facilities for property users will be required
to discourage any overboard discharge of sewage from boats in order
to protect water quality. The number of toilets required shall be
determined by the nature and size of the marina and by its specific
site locations.
(7) The applicant must demonstrate adequate capacity to properly dispose
of or treat all sanitary wastes generated by the project.
(8) An ample number of signs must be provided to identify the location
of public rest rooms and of pump-out facilities. Signs must also fully
explain the procedures and rules governing the use of the pump-out
facilities.
(9) Trash receptacles shall be plentiful and convenient to encourage
the proper disposal of trash and waste. A maximum spacing of 100 feet
between receptacles shall be maintained on all piers and docks.
(10)
To the extent feasible, marina basins shall be designed for
maximum flushing and circulation due to river currents and the action
of wind while maintaining safe levels of wave action within the protected
basin. Minimum design criteria to promote flushing include:
(a)
Basin and channel depths shall not be deeper than the prevailing
depths in the water body to which they connect.
(b)
Basin and channel depths shall gradually increase toward open
water or basin entrances.
(c)
Openings shall be provided at the opposite ends of enclosed
basins to establish flow-through circulation. Only one opening must
be navigable. The other opening or openings shall be as large as practicable
to promote circulation. Culverts or other enclosed conduits may be
used in place of open channels.
(d)
The configuration chosen shall minimize or prevent the formation
of stagnant water zones that tend to collect debris or cause shoaling
or flushing problems.
(11)
Dedicated parking spaces shall be provided at a minimum rate
of 0.5 spaces/slip, plus whatever additional spaces are required for
employees and required by this chapter for separate retail activities
on premises.
(12)
Rainfall runoff becomes polluted with oils, greases, organic
and inorganic wastes, and other potentially harmful substances. It
is the intent of the Village of Athens to limit, to the extent feasible,
the introduction of these contaminants into the waters surrounding
the Village. Therefore, new parking areas shall utilize porous pavements
or other approved measures to reduce rainfall runoff. New marina projects
must incorporate best management practices in their design, including,
but not limited to, the following:
(a)
Maximize pervious land surface and vegetative cover to minimize
stormwater runoff and to prevent polluted waters from reaching adjacent
waters and wetlands. Direct runoff away from adjacent waters and wetlands
to the extent feasible by site grading or other methods.
(b)
Runoff from parking lots, maintenance, fueling, and wash-down
areas must be treated in a manner that prevents oils, grease, and
detergents from reaching adjacent waters and wetlands. Accepted treatment
methods include oil and grease filtering catch basins, retention areas
and exfiltration systems.
(13)
The underwater portions of piers and docks, including piles,
shall not be constructed using creosote treated lumber.
(14)
All marinas must have and be able to institute spill prevention
emergency response plans. Automatic cutoffs for fuel/oil and sewage
hoses and lines in the event of an accident are mandatory.
The applicant shall be required to establish an escrow account
to reimburse the Village of Athens for the legitimate costs of review
associated with the application. The funds may be utilized for the
paying of engineering, legal and other professionals qualified to
review the required plans, reports and other technical information
submitted in support of an application. The initial amount of the
establishment of the escrow account shall be determined on a case-by-case
basis and typically as 1% of the estimated overall cost of the project,
but in no case shall be less than $3,000 or a larger amount estimated
by the Planning Board or ZBA to be reasonable and necessary to cover
the cost of the review to be incurred by the Village. All necessary
reviewing professionals assisting the Village in such reviews shall
provide an estimate of the approximate cost of review services. The
Village shall submit an itemized bill to the application at least
five days prior to any deduction of such amount billed form the escrow
account. The Board(s) may periodically and at its discretion require
the replenishment of the escrow account established hereunder. Upon
completion of the application and review process, any balance remaining
in the escrow account shall be refunded to the applicant within 30
days of the submission and payment of the final bill by the Village
and payment in full of all application and approval fees. In the event
there is a shortfall in the escrow account, no final approval or permit
may be issued until the applicant shall pay to the Village the balance
of the outstanding amount. In the event there shall be a disagreement
over the appropriateness of the amounts claimed against the escrow
by the Village's consultants, the parties shall submit the matter
to binding arbitration.
This chapter shall be enforced by the Code Enforcement Officer. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer pursuant to Chapter
116, Building Construction, Article
I, Administration and Enforcement of Uniform Code, except where all the provisions of this chapter have been complied with.
To the extent that any existing or subsequently enacted local
law, policy, resolution or other action is inconsistent with the contents
of this chapter, then the language, requirements, procedure, or other
contents herein shall control, unless otherwise specifically stated
therein.
Before final action is taken on special permits, variances or
amendments of this chapter, such matter will be referred to the County
Planning Board in accordance with the procedures required in Article
12-B, §§ 239-1 and 239-m, of the General Municipal
Law.