[Amended 8-11-2020 by L.L. No. 1-2020]
A.
The purposes of the Conservation Zone are:
(1)
To preserve the outstanding natural features in the Town of Ulysses
in accordance with the Town of Ulysses Comprehensive Plan (2009);
(2)
To provide a regulatory framework through which development can occur
with minimal environmental impact;
(3)
To preserve existing areas of contiguous open space, prevent destruction
of natural areas, preserve existing and potential agricultural land,
and promote mechanisms that protect these areas, such as enlarged
stream buffer areas, conservation easements, and deed restrictions
when considering any future land development; and
(4)
To preserve the scenic beauty of the area to promote tourism as an
important benefit to the Town of Ulysses.
B.
In particular, the following are important aspects or considerations
for the Conservation Zone:
(1)
Among the natural values and ecological importance of this area are
the mature forest, plant and wildlife habitat, numerous streams, and
natural character. The Conservation Zone contains large areas of steep
slopes, wetlands, and highly erodible soil, where any future development
may have an adverse environmental impact on both the land and Cayuga
Lake.
(2)
In recognition of its natural and ecological significance, several
large areas of the Conservation Zone have been designated as unique
natural areas by the Tompkins County Environmental Management Council.
C.
Nothing in these regulations is intended to require or permit activities
which contravene any laws, rules, or regulations or permits of the
United States or New York State, or any agency thereof, nor are any
of the provisions intended to supersede any requirements for obtaining
any permits or approvals required by the United States or New York
State, or any agency thereof.
Only the following buildings or uses are permitted in this district, and site plan approval, pursuant to the provisions of Article III, § 212-19, is required in unique natural areas and slope overlay areas:
A.
Farm operation.
B.
One single-family residence and accessory buildings.
C.
One two-family residence and accessory buildings.
D.
(Reserved)
E.
Any municipal or public utility necessary to the maintenance of utility
services except that substations and similar structures shall be subject
to the same setback requirements that apply to residences.
A.
Only the following are permitted accessory uses, which are customarily incidental to the permitted uses listed above in § 212-51:
A.
There shall be no more than one principal building on any lot in
the CZ-Conservation Zone.
B.
Minimum lot area for one principal building shall be five acres.
C.
Minimum lot width at front lot line shall be 400 feet.
D.
Minimum lot depth shall be 450 feet.
E.
Minimum front yard setback shall be 75 feet.
F.
Minimum side yard setback shall be 50 feet.
G.
Minimum rear yard setback 50 feet.
H.
Maximum building height shall be 32 feet above average grade measured
at the building perimeter or as determined by the Planning Board when
slope exceeds 15%. It is within the discretion of the Planning Board
whether or not to allow any building on slopes greater than 25%.
I.
The maximum footprint of a building shall be 3,500 square feet, except accessory dwelling units which are limited to 1,200 square feet floor area (§ 212-128).
J.
Driveways and parking areas may be considered a building as part
of the lot coverage requirements at the discretion of the Planning
Board.
M.
Maximum lot coverage by permanent structures shall be 5% of the lot
area.
In the event of any conflict between the provisions of this § 212-55 and other provisions of this chapter, the provisions of this section shall prevail.
A.
Stream and wetland setbacks.
(1)
Perennial and intermittent streams and wetlands are prominent features of the Conservation Zone, and the condition of these water bodies directly affects the health of Cayuga Lake and the fauna that depend on the water for sustenance. As such, it is the intent of these Conservation Zone regulations to ensure the continued preservation and health of these many Cayuga Lake water resources for current and future generations. (See § 212-124, Standards for buffer areas.)
(2)
For the purposes of this section, wetlands are defined by both state,
federal and local governing regulations. Buffer areas apply to federal
and locally protected wetlands greater than 0.1 acre and all state
wetlands.
(3)
No buildings, structures, paved areas, or storage of construction
equipment or machinery shall be located within the following buffer
areas: 50 linear feet of the bank of any perennial or intermittent
stream and 100 feet of any wetland. These buffer areas may be increased
by up to 50% should the Planning Board determine that such an increase
is necessary to protect water quality or to minimize the impacts of
erosion and sedimentation.
(4)
During the site plan approval process where there is evidence of
a wetland, the Planning Board may require a wetland delineation study
to determine the exact boundaries and to evaluate potential impacts
of development on said wetland.
B.
Vegetation and landscape.
(1)
The intent of the Town of Ulysses is to preserve and encourage vegetation,
especially noninvasive trees and shrubs, in the Conservation Zone
in order to prevent erosion, sedimentation of the lake and streams,
and maintain the rural, scenic nature of the Town.
(2)
The intent of this section is to encourage landowners in this district
to preserve and encourage vegetation for the benefit of current and
future residents of the Town.
(3)
The intent of the Town of Ulysses is to preserve the natural features
of the Conservation Zone and, as such, to allow development that uses
mechanisms that minimize disruption of the current ecological balance.
The Zoning Officer and Planning Board shall review all development
with the following guidelines when reviewing a site plan for approval.
(4)
Requirements. Tree removal, except clear-cutting, is allowed in the
Conservation Zone outside of unique natural areas or slope overlay
areas. Tree removal is allowed in the Conservation Zone in the unique
natural areas or slope overlay areas according to the following terms
and conditions:
(a)
Without Town approval: a tree or trees whose location and conditions
combine to make it a threat to human life or property.
(b)
With the approval of the Zoning Officer and the possession of
a valid building permit: those trees that are in the footprint of
a construction site, septic system, parking areas, and the driveway
access.
(c)
Clear-cutting of forest stands for any use other than necessary
minimal clearing for the requirements of a building project is prohibited.
(d)
In unique natural areas or slope overlay areas, a woodland management
plan shall be filed with and approved by the Zoning Officer and/or
the Town's consulting forester for multiple trees removed for
the landowner's firewood or lumber use, and for forest management
and forest improvement. A woodland management plan shall be prepared
by a professional forester with Society of American Foresters certification
or by a cooperating consulting forester with the New York State Department
of Environmental Conservation.
(5)
Recommendations.
(a)
In areas outside of unique natural areas and slope overlay areas,
a woodland management plan is recommended when removing multiple trees
for the landowner's firewood or lumber use and for forest management
and forest improvement.
(b)
Existing noninvasive vegetation should be maintained to the
extent practicable to minimize runoff.
(c)
Buffer areas proximal to water bodies are to be promoted using
noninvasive native plants to protect water resources.
(d)
Retain existing stone walls.
(e)
Removal of trees for the purpose of expanding a view is discouraged.
(f)
Removal of trees for the purpose of expanding sunlight exposure
is discouraged.
(g)
Native plants should be encouraged, especially shrubs and trees
that produce edible fruit and nuts for wildlife.
(h)
Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway
maple, etc.) is encouraged so long as this effort does not contribute
to significant soil disturbance or erosion.
(i)
Wildlife habitats, biological corridors, contiguous forests,
and open space linkages should be encouraged and preserved.
(j)
Dead trees that do not pose a threat to life, property, or a
healthy forest should be left to provide wildlife habitat for both
birds and animals.
(k)
New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(l)
Regrading should blend in with the natural contours and undulations
of the land.
(m)
Siting of buildings should be below ridgelines or hilltops.
(n)
Where possible, buildings and structures should be located on
the edges of open fields to minimize visual impacts.
(o)
Buildings proposed to be located within significant viewing
areas should be screened and landscaped to minimize their intrusion
on the character of the area.
(p)
Building design should harmonize with the natural setting.
(q)
Building materials should harmonize with their natural setting
and be compatible with neighboring land uses.
C.
Stormwater.
(1)
In unique natural areas and/or steep slope overlay areas that are
subject to site plan review, the following standards apply.
(2)
Any alteration of the hydrology of the site shall be minimized and/or
mitigated so as to minimize the impact on water quality, peak discharge,
groundwater recharge, and drainage patterns. To the extent possible,
the quantity, quality, and timing of stormwater runoff during and
after development shall not be substantially altered from pre-development
conditions. The recommended technical standards for the design of
post-construction structures are detailed in the "New York State Stormwater
Management Design Manual," as revised. In reviewing the adequacy of
an applicant's stormwater management plans, the Planning Board
may seek recommendations from a licensed engineer selected by the
Town and paid for by the applicant.
(3)
Priority should be given to maintaining natural drainage systems,
including perennial and intermittent streams, swales and drainage
ditches.
(4)
Drainage of stormwater shall not cause erosion, siltation, contribute
to slope failures, pollute groundwater or cause damage to or flooding
of adjacent or downstream properties.
(5)
The Planning Board may require the developer or property owner to
submit the following:
(a)
Stormwater Pollution Prevention Plan (SWPPP), prepared by a
N.Y. State licensed engineer or other qualified professional. The
contents of the SWPPP and qualifications of qualified professionals
are specified in the New York State Department of Environmental Conservation
SPDES General Permit for Stormwater Discharges from Construction Activity.
(b)
A statement of the proposed stormwater management objectives.
(c)
A description of the proposed structural and vegetative stormwater
measures that will be utilized to ensure that the quantity, temporal
distribution and quality of stormwater runoff during and after development
are not substantially altered from pre-development conditions. This
will include appropriate plans, design data, calculations, and other
information.
(d)
A maintenance plan, which describes the type and frequency of
maintenance required by the stormwater management facilities utilized
and the arrangements that will be made to ensure long-term maintenance
of these facilities. Operation, maintenance, and any necessary repairs
are the responsibility of the property owner or his/her designee.
Stormwater management facilities shall have adequate easements to
permit the Town to inspect and, if necessary, to take corrective action
should the owner fail to properly maintain the system. If corrective
action by the Town is required, incurred costs are the responsibility
of the property owner.
(e)
A flood hazard analysis for any development located within or
adjacent to the designated floodplain.
D.
Soil and sediment control. The goals for erosion and sediment control
are 1) to minimize the opportunity for soil to be moved by wind, precipitation
and runoff and 2) to contain sediment that does move close to its
place of origin and thus prevent it from reaching a water body or
damaging other lands. In order to ensure that the land will be developed
with a minimum amount of soil erosion and to protect the natural character
of on-site and off-site water bodies, the Planning Board shall require
the developer to follow certain erosion control practices.
(1)
A structure or parking area shall have a minimum setback to perennial and intermittent streams of 50 feet or 75 feet if within a unique natural area or steep slope overlay area, as measured from the top edge of the slope rising from the bank of the stream. See § 212-124B.
(2)
On sites within the slope overlay area or unique natural area, there
shall be no excavation, grading or filling without the submission
to the Zoning Officer of an excavation, fill, and grading permit.
Excavation, grading or filling of more than 10 cubic yards is subject
to site plan approval. The Planning Board may seek recommendations
from the Town Engineer, and the associated cost shall be paid for
by the applicant. This provision is not applicable to projects with
a valid permit from a county, state, or federal agency; nor is it
applicable to any projects with current site plan approval.
(3)
In addition to the requirements of this article, any construction,
grading, or other activities shall be conducted in accordance with
any federal, state, or other local law or requirement pertaining to
such activity, including, but not limited to, any requirements of
the New York State Department of Environmental Conservation and the
United States Army Corps of Engineers.
(4)
Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
(5)
In unique natural areas and/or steep slope overlay areas that are
subject to site plan review, the following standards apply:
(a)
The Planning Board may require the developer to submit an erosion
and sediment control plan, the contents of which are specified in
the New York State Department of Environmental Conservation SPDES
General Permit for Stormwater Discharges from Construction Activity.
(b)
Erosion and sediment control practices shall be consistent with
requirements of the New York State Department of Environmental Conservation
SPDES General Permit for Stormwater Discharges from Construction Activity.
A permit is generally required for construction activities that disturb
one or more acre of land.
(c)
The recommended technical standards for erosion and sedimentation
control are detailed in the "New York Standards and Specifications
for Erosion and Sediment Control" published by the Empire State Chapter
of the Soil and Water Conservation Society, as revised.
(d)
The development plan should be consistent with the topography,
soils, and other physical characteristics of the site so as to minimize
the erosion potential and avoid disturbance of environmentally sensitive
areas.
(e)
Existing vegetation on the project site should be retained and
protected as much as possible to minimize soil loss from the project
site (This will also minimize erosion and sediment control costs.).
(f)
Erosion and sediment control measures should be constructed
prior to beginning any land disturbances. All runoff from disturbed
areas should be directed to the sediment control devices. These devices
should not be removed until the disturbed land areas are stabilized.
(g)
The timing and sequence of construction activities shall expose
the smallest practical area of land at any one time during the development.
Temporary vegetation and/or mulching should be used to protect critical
areas. Permanent vegetation shall be established as soon as practicable.
Construction will not be considered complete until all disturbed areas
are successfully seeded or stabilized with erosion control materials.
E.
Driveways and parking.
(1)
Requirements.
(a)
For new impervious surfaces proposed for driveways, parking
areas, or walkways in unique natural areas or slope overlay areas,
site plan review procedures shall be followed, and the Planning Board
may seek recommendations from a licensed engineer selected by the
Town and paid for by the applicant.
(b)
For safety purposes, parking areas shall be designed and built
to avoid the necessity for drivers to back their vehicles onto roads.
(2)
Recommendations.
(a)
Semi-pervious and pervious surfaces for driveways and parking
areas are encouraged to minimize runoff and erosion.
(b)
Driveways and parking areas should be designed to include a
combination of pervious and impervious surface materials as needed
to provide for safe passage of traffic and to minimize the total area
of impervious surface which would contribute to runoff.
(c)
Driveways and parking areas should follow contour lines of the
land as much as possible.
(d)
Excavation and regrading of slopes for parking areas should
be minimized.
F.
Limitations on subdivision of parent tracts.
(1)
Any tract or parcel of land in common contiguous ownership at the
time of the creation of this zone on December 17, 2013, subject to
other normally applicable subdivision laws and regulations, may be
subdivided to create up to and not more than three lots.
