[Amended 8-11-2020 by L.L. No. 1-2020]
A.
The purposes of the Lakeshore Zone are:
(1)
To protect the fragile environment of the lakeshore, that area east
of State Route 89 to the center line of Cayuga Lake, 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; and
(3)
To develop design standards for houses and accessory buildings that
create a harmonious effect for the natural environment and the residents.
B.
In particular, the following are important aspects or considerations
for the Lakeshore Zone:
(1)
Among the important natural and ecological features of the Lakeshore
Zone are steep slopes, mature forests, fragile cliffs, tributaries,
and seasonal streams feeding into Cayuga Lake.
(2)
In recognition of their natural and ecological significance, several
areas of the Lakeshore 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.
Single-family residences and their accessory buildings.
B.
Two-family residences and their accessory buildings.
C.
Any municipal or public utility purpose 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.
The following uses are allowed upon approval of a site plan by the Planning Board and subject to the design standards set forth in relevant sections of Article XX:
A.
There shall be no more than one principal building on any lot in
the LS-Lakeshore Zone.
B.
Minimum lot area shall be two acres for lakefront lots and five acres
for non-lakefront lots.
C.
Minimum lot width at the mean high-water elevation (MHWE) shall be
250 feet and minimum lot width at the road frontage shall be 250 feet
for all non-flag lots.
D.
Minimum lot depth shall be 250 feet for lakefront lots and 450 feet
for non-lakefront lots.
E.
Minimum setback, front and rear, shall be 50 feet from the highway
right-of-way, and 50 feet where the lot abuts the lake; the MHWE shall
be used for setback measurement. Docks, boat hoists, and boat ramps
are permitted within the setback area.
F.
Minimum side yard setbacks shall be 15 feet, except for a corner
lot fronting on two public streets, where the minimum yard setback
for the side yard to the street or road shall be 25 feet.
G.
Maximum building height for the principal dwelling shall be 32 feet
above average grade measured at the building perimeter.
J.
No parking areas shall be constructed within 50 feet of the MHWE.
L.
The above notwithstanding, in the case of a lot with frontage on
the lake, accessory uses such as pump houses, docks, boat ramps and
boat hoists typically associated with water-oriented recreational
pursuits are permitted within the front yard setback area fronting
on the lake; provided, however, that they are located outside of the
required side yard setback areas and conform to the regulations or
permits of the United States or New York State.
M.
For the purposes of cluster development on a lakefront lot, one dwelling
unit will be allowed per 150 feet of lake frontage.
N.
Maximum building footprint shall be 3,500 square feet, except for accessory dwelling units which shall have a maximum floor area of 1,200 square feet pursuant to Article XX, § 212-128.
|
Lot Area and Yard Requirements Summary
| ||
|---|---|---|
|
Requirement
|
Lakefront
|
Non-Lakefront
|
|
Lot coverage, maximum (percent)
|
5
|
5
|
|
Building height, maximum (feet)
|
32
|
32
|
|
Lot area, minimum (acres)
|
2
|
5
|
|
Maximum footprint of principal building (square feet)
|
3,500
|
3,500
|
|
Lakeshore frontage, minimum (feet)
|
250
|
Not applicable
|
|
Lot width at road frontage, minimum (feet)
|
250
|
250
|
|
Lot depth, minimum (feet)
|
250
|
450
|
|
Setback from lakeshore, minimum, measured from MHWE (feet)
|
50
|
Not applicable
|
|
Setback from road or rear property line (feet)
|
50
|
50
|
|
Side yard setback, minimum (feet)
|
15
|
15
|
|
Structure or parking area or road setback from perennial/intermittent
stream, minimum (not in unique natural area or steep slope overlay
(feet)
|
50
|
50
|
|
Structure or parking area or road setback from any perennial/intermittent
streams, or federal wetland edge in unique natural area and steep
slope overlay areas, minimum (feet)
|
75
|
75
|
|
Structure or parking area or road setback from any state wetland
edge (feet)
|
100
|
100
|
|
Structure or parking area or road setback from any federally
or locally designated wetland edge (feet)
|
50 - 100 (see § 212-48 below)
|
50-100 (see § 212-48 below)
|
In the event of any conflict between the provisions of this § 212-48 and other provisions of this chapter, the provisions of this section shall prevail.
A.
Streams.
(1)
Perennial and intermittent streams are, and wetlands may become,
prominent features of the Lakeshore Zone and the condition of these
water bodies directly affects the health of Cayuga Lake and the various
creatures that depend on the water for sustenance. As such, it is
the intent of these Lakeshore Zone regulations to ensure the continued
preservation and health of these many Cayuga Lake tributaries for
current and future generations.
(2)
For the purposes of this section, the area of a wetland is defined
by both state and federal governing regulations. Buffer areas apply
to federally protected wetlands greater than 0.1 acre.
(3)
Requirements.
(a)
To the extent possible, perennial and intermittent streams shall
be protected from sediment, effluent, sewage, and driveway runoff.
(b)
Diverting or altering the course of perennial or intermittent
streams shall be prohibited, except where a NYSDEC permit is obtained
in advance of starting work.
(c)
Unless otherwise authorized by the Planning Board or state or
federal agency, no disturbance as listed previously in this section
shall be located within 100 feet of any N.Y. State regulated wetland
or 50 feet from a federally or locally regulated wetland.
(d)
During the site plan approval process where there is evidence
of a wetland, the Planning Board may require a wetland delineation
study to determine potential impacts of development on said wetland.
(4)
Recommendations.
(a)
Plowing of salt laden snow from driveways into streams should
be avoided.
(b)
The proximity of docks to mouths of tributaries should consider
natural variation in stream boundary location so as to not interfere
with stream flow over time.
(c)
Stream bank vegetation should be encouraged to minimize erosion.
Where necessary, stream banks should be replanted with native species.
(d)
Flow of water in Cayuga Lake tributaries should not be impeded
by human-made structures in or spanning streams.
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 Lakeshore Zone in
order to prevent erosion, sedimentation of the lake and streams, and
maintain the rural, scenic nature of the Town. 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.
(2)
The intent of the Town of Ulysses is to preserve the natural features
of the Lakeshore 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.
(3)
Requirements. Tree removal, except clear-cutting, is allowed in the
Lakeshore Zone outside of unique natural areas or slope overlay areas.
Tree removal is allowed in the Lakeshore 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.
(4)
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 plants to protect water resources.
(d)
Removal of trees for the purpose of expanding a view is discouraged.
(e)
Removal of trees for the purpose of expanding sunlight exposure
is discouraged.
(f)
Native plants should be encouraged, especially shrubs and trees
that produce edible fruit and nuts for wildlife.
(g)
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.
(h)
Wildlife habitats, biological corridors, contiguous forests,
and open space linkages should be encouraged and preserved.
(i)
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.
(j)
New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(k)
Regrading should blend in with the natural contours and undulations
of the land.
(l)
Buildings proposed to be located within significant viewing
areas should be screened and landscaped to minimize their intrusion
on the character of the area.
(m)
Building design should harmonize with the natural setting.
(n)
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.
(1)
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. The standards for erosion
and sediment control are as follows:
(2)
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, as measured from the top edge of the slope rising from the bank of the stream. See § 212-124B.
(3)
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.
(4)
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.
(5)
Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
(6)
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 Route
89.
(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.
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.
