[Added 5-11-1995 by L.L.
No. 2-1995]
It is the purpose of this article to encourage development along
the Erie/Barge Canal corridor, preserving its historic nature, conserving
the variety of extant wildlife and promoting public access to the
canal corridor for the benefit of Town residents.
All lands located in the Town of Macedon within 1/5 mile north
and south of the Erie/Barge Canal as measured from the New York Blue
Line are hereby designated as the "Canal Corridor Overlay District."
The objective of this article is to guide and regulate development
so as to achieve quality open space and to preserve the canal corridor
as a source of community character. Development shall take into consideration
natural topography, existing trees, forests, wetlands, drumlins, steep
slopes, sight views rivers, streams and the historic nature of the
canal. Development shall provide open space along the canal to promote
and allow public access to and use of the canal waterway.
A.
Site development within the overlay district shall conform with all
relevant provisions of this chapter, as well as all parts of this
article. Where there is a difference between the setback or other
requirements of this chapter in general and this article in particular,
the more stringent shall apply.
B.
In evaluating a site development plan, the Planning Board shall determine
that the plan reflects the purposes and objectives of the overlay
district. Historic and environmentally sensitive areas shall not be
destroyed or negatively altered.
C.
All site plans submitted must be accompanied by, at a minimum, Part
I of the long form environment assessment document provided pursuant
to regulations promulgated under the State Environmental Quality Review
Act.
D.
The site development plan shall reflect the following considerations:
(1)
The minimum setback for any structure shall be 300 feet from
the canal shoreline. Designation of the front yard for purposes of
regulations that reference a front yard shall be determined by the
Planning Board, based upon visual aesthetics and impact from canalside
and roadside.
(2)
Industrial, commercial and residential development within the
overlay district, including all roads and parking lots, must adhere
to a 100-foot setback from the canal, unless otherwise specified by
the Planning Board.
(3)
Industrial, commercial and residential development within the
overlay district shall provide public, residential and/or employee
amenities in terms of canal appreciation, recreation, enjoyment and
use, as is reasonably practicable.
(4)
Development of canal related businesses, such as marinas and
restaurants, at highway/bridge crossings achieve the purposes and
objectives of the overlay district, provided that all applicable regulations
are observed.
(5)
Flag-lot development shall not be permitted, except where the
Planning Board determines that such development is the only reasonable
development option.
(6)
A buffer zone of not more than 75 feet in width and not less
than 30 feet adjacent to the New York State Blue Line shall be observed.
Clear cutting in this zone is prohibited; provided, however, that
judicious thinning may be permitted by the Planning Board. Where no
preexisting vegetation exists, the Planning Board shall specify plantings
of stipulated types, heights and densities.
E.
The Planning Board may waive, in whole or in part, a setback restriction
if it finds that the purposes and objectives of this section are served;
provided, however, that in doing so, the Planning Board shall impose
such conditions as are warranted and necessary.
