A.
It is the purpose of an Environmental Protection Overlay District
(EPOD) to provide special controls over land development in sensitive
environmental areas to protect vital environmental features and resources.
It is designed to guide land use proposals into areas where they may
best enhance the general welfare of the community.
B.
The EPOD regulations are not intended to be substituted for other
zoning district provisions. The overlay districts are to be superimposed
on the underlying, primary zoning districts and represent an additional
level of review and regulation related specifically to the protection
of identified environmental features.
C.
Administration and enforcement of this article is intended to provide
the Village with an additional level of review and regulation that
controls how development permitted by the Village's primary zoning
districts should occur in sensitive or unique environmental areas.
A.
To carry out the foregoing purpose, the Village of Honeoye Falls
is hereby divided into the following Environmental Protection Overlay
Districts:
B.
All overlay districts shall also be identified as critical environmental
areas for purposes of state environmental quality review (SEQR). As
such, they are Type I actions requiring full consideration under SEQR.
A.
The location and boundaries of all EPODs shall be delineated on an
official set of maps on file in the Village Clerk's office. These
maps shall be known and may be cited as the "Official Village of Honeoye
Falls EPOD Maps" and shall include the official wetland maps for the
Village prepared by the New York State Department of Environmental
Conservation (NYSDEC), and the official Flood Insurance Rate Maps
(FIRM) for the Village prepared by the Federal Emergency Management
Agency (FEMA).
B.
The Official Village of Honeoye Falls EPOD Maps shall be used for
reference purposes only and shall not be used to delineate specific
or exact boundaries of the various overlay districts. Field investigations
and/or other environmental analyses may be required in order to determine
whether or not a particular piece of property is included within one
or more of the overlay districts.
A.
Where these districts overlay any primary zoning district delineated
on the Official Zoning Map of the Village of Honeoye Falls, the requirements
of these districts shall be met in addition to those requirements
specified for development in the respective primary district.
B.
The CEO shall be responsible for interpreting EPOD boundaries based
on an interpretation of the Official Village of Honeoye Falls EPOD
Maps, as well as the use of various criteria set forth in this article
for determining such district boundaries.
C.
The CEO may consult with the Village Engineer, ZBA, or other Village
department or review board in making such a determination. Appeals
from a determination of the boundaries of overlay districts shall
be made to the Village Zoning Board in accordance with the procedures
of this chapter.
The procedures contained within this article shall not apply
to activities involved in the necessary normal maintenance and upkeep
of property. Necessary normal maintenance and upkeep of property shall
include, but not be limited to the following activities as determined
by the CEO:
A.
Lawn care;
B.
Gardening;
C.
Tree and shrub care;
D.
Removal of dead or deteriorating vegetation;
E.
Removal of structures;
F.
Repair of structures;
G.
Repair of faulty or deteriorating sewage facilities;
H.
Reconstruction of structures damaged by a natural disaster; and
I.
Agricultural operations.
A.
Regulated activities under this article shall require the issuance
of an EPOD development permit by the Village CEO.
B.
The CEO has the authority to grant or deny a permit under the regulations
of this article. No such permit shall be issued until the applicant
has demonstrated their compliance with this article and other applicable
requirements of this chapter.
Applications for an EPOD development permit shall be made in
writing to the CEO by the property owner or his/her agent and be accompanied
by the following:
A.
A scale plan prepared and certified by a licensed engineer or licensed
land surveyor indicating:
(1)
A vicinity sketch and boundary line survey of the site.
(2)
The location of all EPOD boundaries on the property as defined by
this article.
(3)
Location of any building, structures, utilities, sewers, water and
storm drains on the site where the work is to be performed.
(4)
Location of any building or structure on land of adjacent property
owners within 100 feet of the site.
(5)
Location of all proposed new structures, additions or alterations
to existing structures and impervious surfaces on the site.
(6)
Existing and proposed contour levels at five-foot intervals maximum
(one-foot contour intervals are required within the Steep Slope District).
(7)
All existing shrub masses and trees with a diameter of two inches
or more are to be accurately located on the plan.
(8)
The location of existing and proposed drainage patterns on the site.
B.
An application fee as determined by the Village Board.
After the approval of the application and before the issuance
of any permit, the applicant shall furnish the CEO an irrevocable
letter of credit in an amount to be approved by the Village Engineer;
which letter shall ensure that all items as may be deemed necessary
are constructed in accordance with the approved plan and the standards
and specifications of the Village of Honeoye Falls. Said irrevocable
letter of credit shall continue in full force and effect until the
Village Engineer has certified to the CEO that all items have been
completed.
A.
Purpose. Certain areas of the Village of Honeoye Falls are subject
to periodic flooding which can result in loss of life, property damage,
health and safety hazards, disruption of commercial and governmental
services, extraordinary public expenditure for flood protection and
relief and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare of the residents of
this Village. These flood losses are caused by the cumulative effect
of obstructions in the floodplains causing increases in flood heights
and velocities and by the occupancy in flood hazard areas by uses
which are inadequately elevated, floodproofed or otherwise protected
from flood damage. It is the purpose of the Floodplain Overlay District
to prevent public and private losses due to flood conditions in certain
areas by provisions designed to:
(1)
Protect the health and welfare of the residents of this Village;
(2)
Minimize public expenditure for flood control projects;
(3)
Minimize the need for relief and rescue efforts;
(4)
Minimize business interruptions;
(5)
Minimize damage to public facilities and utilities;
(6)
Help maintain a stable tax base by minimizing flood damage to private
and commercial property; and
(7)
Identify those structures and properties which are located in areas
of special flood hazard and maintain such information for public inspection.
B.
District boundaries.
(1)
The boundaries of the Floodplain Overlay District shall be delineated
on the Official Village of Honeoye Falls EPOD Maps and shall include
all areas of flood hazard, and identified as Zone A by the Federal
Emergency Management Agency on a map entitled "The Village of Honeoye
Falls Flood Insurance Rate Map (FIRM)." These maps and any revision
thereto are hereby adopted by references and declared to be a part
of this article.
(2)
Where base flood elevation data has not been provided in the FIRM
for areas in the Village of Honeoye Falls as required above, the CEO
shall obtain, review, and reasonably utilize any base flood elevation
data available from a federal, state, Village or other source, in
order to administer the standards and requirements of this article.
C.
Prohibited activities. The following activities are not permitted
in the EPOD:
(1)
The temporary or permanent placement of a mobile home or similar
structure.
(2)
The construction or operation of an on-site sewage disposal system.
(3)
Any other activity which, as demonstrated through a technical evaluation,
will result in any increase in flood levels during the occurrence
of the base flood discharge.
D.
Regulated activities. No person shall conduct any of the following
regulated activities within the EPOD zone unless such person has first
applied for and obtained an EPOD development permit pursuant to the
requirements of this article:
(1)
Additions or substantial improvements to structures.
(2)
New structures.
(3)
Outside storage of material and equipment.
(4)
Subdivision of land.
(5)
Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, demolition, excavation
or drilling operations.
E.
Review standards. No EPOD development permit shall be issued for
any regulated activity within the Floodplain Overlay District unless
the applicant for such a permit has provided evidence of the following:
(1)
That the same structure will be constructed with its lowest floor,
including basement, elevated to at least two feet above the base flood
level.
(2)
That the structure will not affect the efficiency or the capacity
of the floodway or increase base flood elevation more than one foot.
(3)
That the structure will not cause increased velocities or obstruct
or otherwise catch or collect debris which will obstruct flow under
flood conditions.
(4)
That the structure shall be constructed and placed on the building
site so as to offer the minimum obstructions to the flow of waters.
(5)
That the structure shall be firmly anchored to prevent flotation,
collapse or lateral movement which may result in damage to other structures,
restrictions of bridge openings and other narrowing of the watercourse.
(6)
That all new and replacement water supply and sanitary sewer systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters.
(7)
That service facilities, such as electrical and heating equipment,
shall be constructed at or above the base flood level for the particular
area or shall be floodproofed.
(8)
That new construction and substantial improvements shall be constructed
using materials, methods and practices that minimize flood damages.
(9)
That base flood elevation data is provided for all subdivision proposals.
(10)
Information and/or a description regarding the extent to which
any watercourse will be altered or relocated as a result of any proposed
development.
(11)
Plans indicating any walls to be used to enclose space located
below the base flood level.
(12)
That there is no reasonable alternative for the proposed regulated
activity on a site which is not in a flood hazard area.
(13)
Such other data or evidence as may be requested by the CEO pertaining
to flooding and site plan information.
F.
Additional requirements.
(1)
In addition to the other duties and responsibilities specified in
this chapter, the CEO is authorized to administer the following provisions
of this article:
(a)
Review all applications to determine that all necessary permits
have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(b)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest habitable floor (including basement) of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(c)
Maintain for public inspection all records pertaining to the
provision of this article.
(2)
Where this article imposes greater restrictions than are imposed
by the provision of any law, ordinance, regulation or private agreement,
this article shall control. Where there are restrictions by law, ordinance,
regulation or private agreement greater than those imposed by this
article, such greater restrictions shall control. All uses presently
permitted in the zoning districts within the Village of Honeoye Falls
which also fall within the EPOD shall continue to be permitted uses
for these districts, except where otherwise restricted by this article.
(3)
Appeals for variances to the requirements of this article shall be
based upon Section 60.6 (formerly 1910.6) of the National Flood Insurance
Program Regulations. Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(4)
No board or official of the Village of Honeoye Falls shall approve
any construction or other activity within the Village not in compliance
with the standards of Public Law 93-234, 93rd Congress, H.R. 8449,
December 31, 1973, better known as the "Flood Disaster Protection
Act of 1973," and the floodplain management requirements of Section
60.3(d) [formerly 1910.3(d)] and any amendments thereto.
(5)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This article does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability
on the part of the Village of Honeoye Falls, any officer or employee
thereof or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
A.
Purpose. The purpose of these regulations is to encourage planning
and development which will preserve and protect all watercourses within
the Village of Honeoye Falls.
B.
District boundaries. The Watercourse Overlay District boundaries
as shown on the Village's EPOD Map (watercourses) include:
(1)
All those areas within 200 feet of the center line of a natural or
man-made watercourse with an approximate channel top width which is
100 feet or greater.
(2)
All those areas within 100 feet of the center line of a natural or
man-made watercourse with an approximate channel top width which is
50 feet or greater and less than 100 feet.
(3)
All those areas within 50 feet of the center line of a natural or
man-made watercourse with an approximate channel top width of less
than 50 feet.
C.
Regulated activities. The following activities shall not be allowed
when located completely or partially within the watercourse boundaries
without first requesting and receiving a permit from the CEO as provided
for in this article:
(1)
Clearing of or constructing on any land area which lies within the
Watercourse Overlay District boundaries, except that the following
activities shall be exempted from the clearing regulations of this
part: watercourse maintenance activities.
(2)
The construction or placement of any septic tank or septic drainage
field.
(3)
Any activity which would alter the natural flow pattern of the watercourse.
D.
Review standards.
(1)
No permit shall be granted for a regulated activity within the Watercourse
Overlay District unless the applicant adequately demonstrates that
the activity will in no way at present or at any time in the future:
(a)
Deteriorate water quality.
(b)
Decrease watercourse flood-carrying capacities.
(c)
Increase sedimentation.
(d)
Increase the velocity of groundwater runoff.
(e)
Increase the possibility of flooding, either upstream or downstream
due to alterations in the natural characteristics of the watercourse.
(2)
When altering the natural flow pattern of a natural or man-made watercourse,
the applicant shall prove that the alteration is necessary and will
not impair the natural functions of the watercourse.
A.
Purpose. The purpose of these regulations is to encourage planning
and development which will preserve and protect all steep slopes in
the Village of Honeoye Falls by regulating activities in these areas
and by requiring review and permit approval prior to project commencement.
The developmental impacts include soil erosion and sedimentation,
destruction of vegetation, increased runoff rates and slope failure.
The regulations contained in this district are designed to minimize
the disturbance or removal of existing vegetation, prevent increased
erosion and runoff, maintain established drainage systems, locate
development where it is less likely to cause future slope failures
and to retain, as much as possible, the natural character of these
areas.
B.
District boundaries. The Steep Slope District boundaries, As Shown
on the Village's EPOD Map (steep slopes) includes all areas with
a fifteen-percent slope or greater measured over a linear distance
of 100 feet and all areas within 50 feet of said slopes.
C.
Regulated activities. The following activities shall not be allowed
when located completely or partially within the Steep Slope District
boundaries indicated without first requesting and receiving a permit
from the CEO as provided for in this article:
D.
Review standards. No permit shall be granted for a regulated activity
within the Steep Slope District unless the applicant adequately demonstrates
that the activity will in no way at the present or in the future:
A.
Purpose. The purpose of this section is to encourage planning and
development that will preserve, conserve and protect all established
wooded areas of two or more contiguous acres located within the Village
for the purpose of preserving scenic beauty and maintaining natural
habitat. It is the intent of this regulation to prevent the destruction
of existing wooded areas by requiring review and permit approval prior
to tree removal for any purpose.
B.
District boundaries. Woodland overlay district boundaries as shown
on the Village's EPOD Map include all areas of two or more contiguous
acres of existing woodland, except that active orchards are excluded.
C.
Regulated activities.
(1)
Any removal of living trees for development or forestry management
purposes on any land within Woodland Overlay District boundaries shall
not be allowed without obtaining a permit from the CEO as provided
for in this article.
(2)
Watercourse maintenance activities are exempt. The exempt watercourse
maintenance activities which are permitted only within 50 feet of
the nearest high water mark of a watercourse are:
(3)
The removal of stumps and any modification whatsoever of watercourse
banks, boundaries or shoreline shall be prohibited without obtaining
all necessary approvals from authorities having jurisdiction (NYS
Department of Environmental Conservation, Army Corps of Engineers,
etc.).
D.
Review standards. No permit shall be granted for a regulated activity
within a Woodland Overlay District boundary unless the applicant demonstrates,
to the CEO's satisfaction, that the proposed activity will not
now nor at any time in the future:
(1)
Decrease soil stability.
(2)
Increase erosion.
(3)
Increase the velocity of groundwater runoff.
(4)
Impair existing drainage systems.
(5)
Increase the possibility of flooding due to alterations in the natural
characteristics of a watercourse.
(6)
Cut more than 20% of trees that are located within the Woodland Overlay
District boundaries on any property unless the forestry management
plan identifies a compelling need for the health of the woodland to
cut more than 20% of the trees. A compelling need may include disease
or demonstrated overcrowding. In addition, the required forestry management
plan (FMP) developed for the property will allow for a sufficient
number of trees that are less than six inches in diameter at breast
height to remain for sustainability of the Woodland EPOD.
E.
FMP requirements. In addition to the application requirements of § 190-40, the following requirements shall be provided for applications in the Woodland Overlay District:
(1)
An approved FMP developed by a NYS certified forester. The FMP shall
clearly identify the total number and location of proposed trees to
be cut. The FMP shall also identify remedial actions required such
as soil stabilization and replanting of trees.
(2)
The approved FMP shall show the entire parcel and the location of
the property within the Village when Woodland Overlay District boundaries
partially encompass an applicant's property.
(3)
All applications proposing development shall first use the land on
the property located outside the Woodland Overlay District boundary
before any consideration is given to development within the Woodland
Overlay District.
(4)
Applicants shall be encouraged wherever practical to use clustering
of buildings and other site improvements to avoid disturbance to Woodland
Overlay Districts when development is proposed.
(5)
When removal of more than 20% of trees in Woodland Overlay Districts
is demonstrated to be unavoidable due to disease or overcrowding,
replacement tree plantings to mitigate loss of Woodland Overlay District
shall be addressed in the FMP.
(6)
When an approved FMP creates significant gaps (100 feet or greater)
in a Woodland Overlay District leaf canopy, the FMP shall include
provisions for replanting within the canopy gaps.
F.
Planting requirements. When replanting of trees is required, the
health and survival of the planted tree specimen shall be guaranteed
for three years.
G.
Applicant responsibilities. Applicants and their contractors shall
adhere to all details and requirements of the approved FMP. Should
inspection reveal noncompliance with the FMP, the applicant may be
subject to a fine not to exceed $250 per day for each day deemed in
noncompliance.
H.
Erosion control. Where applicable and appropriate, the CEO may require
the following practices be included in the FMP or be implemented by
the property owner:
(1)
All disturbed areas shall be protected from erosion either by mulch
or temporary seeding within two weeks of disturbance.
(2)
Erosion and siltation control practices shall be consistent with
the current New York State Guidelines for Urban Erosion and Sediment
Control.
(3)
All trees identified to be saved in the forest management plan and
that are in the near vicinity to proposed development shall be protected
with plastic orange construction fencing placed at a minimum around
the dripline of the tree.
(4)
Saved trees shall be pruned, watered and fertilized prior to, during
and after construction work when deemed necessary.
(5)
Vehicles, materials and equipment storage are prohibited within fenced
areas of tree protection.
A.
Purpose. The purpose of these regulations is to preserve, protect
and conserve designated wetland areas of 1/2 acre or more in the Village
of Honeoye Falls pursuant to Article 24 of the New York State Environmental
Conservation Law.
B.
District boundaries. The Wetland Overlay District boundaries, as
shown on the Village's EPOD Map (wetlands), are designated by
the New York State Department of Environmental Conservation. Wetland
map boundaries are not final and are subject to change. Upon application
for a permit in the Wetland Overlay District, the site shall be referred
to the New York State Department of Environmental Conservation to
determine the exact wetland boundary.
C.
Regulated activities. The following activities shall not be allowed
when located in whole or in part within the Wetland Overlay District
boundaries without first requesting and receiving a permit from the
CEO as provided for in this article:
(1)
Any form of draining, dredging, excavation or removal of any natural
materials directly or indirectly from a wetland.
(2)
Any form of dumping, filling or depositing any material either directly
or indirectly within a wetland.
(3)
The erection or placement or any structures, roads or any man-made
materials within the wetland.
(4)
Any form of pollution, including, but not limited to, installing
a septic tank, running a sewer outfall, discharging sewage treatment
effluent or other liquid wastes into or so as to drain into a wetland.
(5)
Any activity which impairs the natural function of wetlands whether
located within the wetland or not.
(6)
Any activity regulated by § 24-0701 of the New York State
Environmental Conservation Law.
D.
Review standards. No permit shall be granted for a regulated activity
within the Wetland Overlay District unless the applicant adequately
demonstrates that the activity will in no way at present or at any
time in the future:
E.
NYS Freshwater Wetlands Act. It is the intent of this section that,
pursuant to § 24-0501 of the New York State Environmental
Conservation Law, the Village of Honeoye Falls shall fully undertake
its regulatory authority to administer the New York State Freshwater
Wetlands Act for lands within the Village's jurisdiction.
