The purpose of the Natural Resources Overlay Zone (sometimes
referred to in this chapter as a "NROZ") is to protect public health,
safety, and general welfare and to implement the goals and objectives
of the Village's Comprehensive Plan pertaining to the Village's environmentally
significant landscape features, including, but not limited to, wetlands,
streams, steep slopes, native vegetation, etc. The NROZ designation
seeks to balance the rights of property owners to use their property
for reasonable purposes while also ensuring on behalf of all Village
residents that such use does not result in a significant loss or degradation
of the Village's natural resources and the benefits which they provide.
A.
The Natural Resources Overlay Zone described in this article shall
be an overlay to the existing underlying zoning districts as shown
on the Village's Official Zoning Map, may be established in any zoning
district, and shall be subject to the requirements set forth in this
article and to any special conditions imposed by the Village's Board
of Trustees which shall supersede the requirements set forth in this
article.
B.
Land and water areas encompassed by the Natural Resources Overlay
Zone are set forth in the Village of Cayuga Heights Natural Resources
Maps (the "Natural Resources Maps") accompanying this chapter, dated
February 6, 2018, and signed by the Village Clerk. Said maps and all
explanatory matter thereon and amendments thereto are hereby made
a part of this chapter and are on file in the Village offices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Boundaries of land and water areas shown in the Natural Resources
Maps are approximate and subject to field verification by licensed
professionals. Should a dispute arise between the property owner and
the Village's Code Enforcement Officer concerning the boundaries of
the land or water areas, the property owner shall seek site plan approval
from the Village's Planning Board. In all cases, the burden of proof
and submission of technical evidence to the Planning Board shall be
the responsibility of the property owner.
A.
In those areas of the Village where the Natural Resources Overlay
Zone applies, its provisions shall be imposed in addition to the requirements
of the underlying zoning district. In the event that a conflict exists
between the overlay and underlying zoning district regulations, the
more restrictive provision shall apply to the area of overlap.
B.
The Natural Resources Overlay Zone is composed of four subzones which
consist of the following:
(1)
Intermittent streams as mapped by the United States Geological Survey
(USGS) as well as streamside buffers associated with these streams.
All mapped streams in Cayuga Heights are currently defined by the
USGS as intermittent streams.
(2)
Steep slopes equal to or greater than 15% slope or grade for a minimum
run of 30 horizontal feet.
(3)
Wetlands, including, but not limited to, lands categorized as wetlands
by either the New York State Department of Environmental Conservation
(NYSDEC), the National Wetlands Inventory (NWI), the United States
Army Corps of Engineers (USACE), or Tompkins County, or lands that
have been documented and mapped as wetlands by a qualified professional
under guidelines established by the USACE and NYSDEC. No lands categorized
and mapped as wetlands by the NYSDEC or the NWI currently exist in
Cayuga Heights.
(4)
Unique natural areas as defined by the Tompkins County Environmental
Management Council (EMC).
(5)
In the event that two or more subzones overlap, the subzone with
the most restrictive provision shall apply to the area of overlap.
C.
No site plan shall be approved by the Village's Planning Board which
provides for construction or other disturbance of land in environmentally
sensitive areas, including, but not limited to, wetlands, watercourses,
steep slopes, unique natural areas, or rare plant or animal habitats,
unless the applicant demonstrates with professional evidence reasonably
satisfactory to the Planning Board that such construction may occur
without significant adverse environmental effects upon such areas.
Nothing in this article is intended to permit construction or other
activities in areas where the same are prohibited or regulated by
other laws or regulations of the federal, state, county, or local
government.
A.
The minimum buffer width for all intermittent streams is 20 feet
measured directly perpendicular in a horizontal plane on either side
of the top of the stream bank.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Should a steep slope equal to or greater than 15% for a minimum run
of 30 horizontal feet or a streamside wetland exist within the riparian
buffer, the entirety of that area will be added to the measurement
of the riparian buffer. Delineation is required for streamside wetlands
that have been previously identified as well as for the areas where
streamside wetlands may exist due to the presence of hydric soils
or wetland plant indicators.
C.
The following activities are prohibited in the riparian buffer:
(1)
New construction of buildings, parking areas, or other structures on or after the effective date of this article, except fences and walls in compliance with the requirements of Article XIV;
(2)
Storage or placement of any hazardous materials detrimental to public
health, safety, or welfare;
(3)
Sewage systems, including drain fields and raised systems;
(4)
Purposeful introduction of invasive plant species as referenced in
the "Regional Invasive Species List" produced by the Tompkins County
Environmental Management Council (last updated in 2009), or in "New
York State Prohibited and Regulated Invasive Plants" (last updated
in 2014);
(5)
Waste storage and disposal, including, but not limited to, disposal
and dumping of snow and ice, recyclable materials, manure, hazardous
or noxious chemicals, used automobiles or appliance structures, and
other abandoned materials;
(6)
Mining or removal of soil, sand and gravel, and quarrying of raw
materials;
(7)
Dredging, deepening, widening, straightening or any such alteration
of the beds and banks of natural streams except where the New York
State Department of Environmental Conservation has issued a permit
expressly allowing such activities;
(8)
Application of herbicides or pesticides except as follows:
(a)
Control of nonnative invasive plant species, in accordance with
product label instructions and pursuant to applicable New York State
laws and regulations; and
(b)
Protection of human or animal safety, in accordance with product
label instructions and pursuant to applicable New York State laws
and regulations;
(9)
Application of phosphorus fertilizer except in accordance with the
New York State Environmental Conservation Law § 17-2103.
D.
The following uses or activities are permitted in the riparian buffer:
(1)
The maintenance or repair of buildings, structures, and parking areas
existing at the time of the adoption of this article;
(2)
The replacement, renovation, or restoration of buildings, structures,
and parking areas existing at the time of the adoption of this article,
provided that the following conditions are met:
E.
The following uses or activities are permitted in the riparian buffer,
but only if such uses or activities do not modify or disturb more
than 10% of the entire buffer area unless deemed necessary by the
Village's Planning Board for the protection of human health, utility
usage, public infrastructure, or the betterment of the riparian corridor:
(1)
Benches or seating;
(2)
Implementation of educational and scientific research that does not
negatively impact the native vegetation;
(3)
Flood control, stormwater management structures, and stream bank
stabilization measures approved by the Tompkins County Soil and Water
Conservation District, Natural Resource Conservation Service, United
States Army Corps of Engineers, or New York State Department of Environmental
Conservation;
(4)
Maintenance and repair of roadways or impervious surfaces existing
at the time of the adoption of this article;
(5)
Stream crossings necessary to access the property by driveway, transportation
route, or utility line which are designed to minimize negative impacts
to the stream and riparian buffer;
(6)
Public water supply intake or public wastewater outfall structures;
(7)
Public sewer lines and/or other utility easements;
(8)
Techniques to remove invasive species;
(9)
Nonpaved recreational trails no wider than 10 feet that either provide
access to the stream or are part of a continuous trail system running
roughly parallel to the stream;
(10)
Limited tree cutting, forestry or vegetation management done
in accordance with the New York State Forestry Best Management Practices
for Water Quality — BMP Field Guide and in consultation with
the Village Forester. Tree cutting may not compromise the integrity
of the stream bank or negatively impact the function of the riparian
buffer. Any tree cutting must retain at a minimum 50% of the tree
canopy in the riparian buffer at all times.
F.
In the event the owner of any property located in the Village determines to undertake an activity or improvement contrary to the requirements of this § 305-58 for which there is no practicable alternative, or that such activity or improvement serves a public need where no feasible alternative is available, said owner shall apply to the Village's Planning Board for site plan review in accordance with the procedures set forth in Article XVII.
A.
No area with slopes greater than or equal to 25% for a minimum run
of 30 horizontal feet and a minimum area of 500 square feet shall
be disturbed, developed, or redeveloped, including, but not limited
to, by the placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation
that could impair the stability of the slope with the exception of
invasive plant species.
B.
Where slopes are greater than or equal to 15% for a minimum run of 30 horizontal feet and a minimum area of 500 square feet not contained within a riparian buffer, no area with such slope may be developed without site plan approval by the Village's Planning Board in accordance with the procedures set forth in Article XVII, which site plan review shall consider whether environmental concerns, including, but not limited to, soil erosion, sedimentation of water bodies, increased stormwater runoff and flooding potential, and degradation of wildlife habitat, have been adequately addressed and that the disturbance of the steep slope area is necessary for the proposed development.
C.
Slope percentages shall be calculated for each two-foot contour interval
by using one of the following resources or methods:
(1)
On-site measurement of slopes by registered professional engineers,
surveyors, or landscape architects, using accepted engineering practices;
(2)
Use of a United States Geological Survey (USGS) digital elevation
model (DEM) or Town of Ithaca two-foot topographic data; or
(3)
Other resources or methods determined by the Village's Planning Board
to be of similar or greater accuracy than those listed above.
A.
Nothing in this section shall permit construction or other activities
in wetland areas and/or associated buffer areas where the same are
prohibited or regulated by other laws or regulations of the federal,
state, county, or local government.
B.
Disturbance or damage to wetlands and/or associated buffer areas
due to construction or other activities shall be avoided wherever
possible to preserve the benefits provided by wetlands.
C.
The following regulated activities have the potential to cause a
substantial adverse effect on wetland values and functions:
(1)
Any form of draining, dredging, excavation or removal of soil, mud,
sand, shells, gravel or other aggregate material;
(2)
Any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind, either directly or indirectly;
(3)
Erecting any structures or roads, the driving of pilings or placing
of any other obstructions, whether or not changing the ebb and flow
of the water;
(4)
Any form of pollution, including, but not limited to, draining or
discharging into the wetland a stormwater or sewer outfall, sewage
treatment effluent, or any other wastes;
(5)
Installation of any pipes, wells, service lines or cable conduits;
(6)
Alteration or modification of natural drainage patterns or contours;
(7)
Construction of docks, pilings, bridges, dams, or other water control
devices whether or not they change natural drainage characteristics;
(8)
Any other activity that alters the natural hydrology of the wetland.
D.
No person shall conduct a regulated activity within a wetland area greater than 500 square feet or an associated buffer area within 50 feet of such wetland area without first obtaining site plan approval from the Village's Planning Board in accordance with the procedures set forth in Article XVII and complying with any terms and conditions required by the Planning Board.
E.
Any regulated activity approved by the Planning Board shall disturb
the minimum wetland area reasonably necessary for its completion.
The Planning Board shall have the authority to require remediation
of any disturbed wetland area consistent with best management practices
and to impose compensatory mitigation for any impacts or losses pursuant
to guidelines established by the United States Army Corps of Engineers
or the New York State Department of Environmental Conservation.
F.
Site plan review by the Village's Planning Board is not required
for the following activities within a wetland area or an associated
buffer area, provided such activities do not constitute a pollution
or erosion hazard or interfere with natural hydrology, and do not
require structures, grading, fill, draining or dredging for which
site plan approval may be required:
(1)
Normal ground maintenance, including mowing and trimming of vegetation,
but excluding removal of vegetation that may cause erosion or sedimentation;
(2)
Repair and maintenance of existing decorative landscaping and planting;
(3)
Repair and maintenance of existing walkways, walls, and driveways;
(4)
Essential activities to promote public health, safety, and the well-being
of persons and property.
G.
Wetland boundary delineation. All wetland areas subject to site plan
review by the Planning Board that are without a United States Army
Corps of Engineers (USACE) jurisdictional determination or a New York
State Department of Environmental Conservation (NYSDEC) boundary determination
shall be delineated by field investigation and flagging by a qualified
professional approved by the Planning Board, under guidelines established
by the USACE and NYSDEC, unless the requirement for delineation is
waived by the Planning Board. Delineations shall be valid for a period
not to exceed five years from the date of delineation.
Any area within a unique natural area may not be developed without site plan approval by the Village's Planning Board in accordance with the procedures set forth in Article XVII, in which the Planning Board shall consider the criteria used by the Tompkins County Environmental Management Council (EMC) in the EMC's delineation of a UNA.
