A.
Purpose and intent.
(1)
The purpose of the Environmental Protection Overlay Districts (EPODs)
is to provide special controls to guide land development located in
sensitive environmental areas within the Village. These districts
and their associated regulations are designed to preserve and protect
unique environmental features within the Village as much as possible,
including but not limited to wetlands, steep slopes, floodplains,
watercourses.
(2)
The regulations for each EPOD District are intended to be imposed
in addition to those of the underlying zoning district. The purpose
of these regulations is to provide the Village with an additional
level of review and regulation for land development within sensitive
or unique environmental areas.
C.
Official Maps. The locations and boundaries of all EPODs are delineated
on an official set of maps on file in the Village Clerk's office.
These maps are known as the "Official Village of Lima EPOD Maps" and
include the New York State Department of Environmental Conservation
Freshwater Wetland Maps for the Village of Lima and federally designated
wetland maps. The Official Village of Lima 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. The Village
has the authority to amend or add to these Official EPOD Maps as necessary.
Field investigations and/or other environmental analyses shall be
required in order to determine whether a particular piece of property
is included within one or more of the overlay districts.
D.
Interpretation of district boundaries.
(1)
The CEO shall be responsible for interpreting EPOD boundaries based
upon an interpretation of the Official Village of Lima EPOD Maps,
as well as the use of various criteria set forth in this article for
determining such district boundaries. The CEO may request the assistance
of the Village Engineer or other appropriate board in making a determination.
(2)
The requirements of the overlay district shall be met in addition
to any requirements specified for development in the respective primary
zoning district.
E.
EPOD development permit application procedures.
(1)
EPOD development permit. An EPOD development permit is required subject
to the provisions of this section and prior to the commencement of
any regulated activity or the issuance of any permit for regulated
development.
(2)
The following activities are exempt from the permit procedures of
this section, subject to a determination by the CEO or appropriate
board that such activities involve necessary normal maintenance and
upkeep of property, and/or are clearly incidental to the primary use
on the property, and/or involve public health, safety or emergency
situations:
(a)
Lawn care and maintenance.
(b)
Gardening activities.
(c)
Tree and shrub care and maintenance.
(d)
Removal of dead or deteriorating vegetation or trees.
(e)
Removal of structures.
(f)
Repair and maintenance of structures.
(g)
Repair and maintenance of faulty or deteriorating sewage facilities
or utility lines.
(h)
Reconstruction of structures damaged by a natural disaster.
(i)
Customary agricultural activities in a County Agricultural District.
(j)
Public health activities, orders and regulations of the New
York State Department of Health, Livingston County Health Department
or other public health agency.
(k)
Emergency activity which is immediately necessary for the protection
and preservation of life, property or natural resource values.
(3)
Application for permit. Applications for EPOD development permits shall be made in writing to the CEO, on forms available in the Village Clerk's office. The application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the authorized official. The application shall be accompanied by a site plan map and other information as required for site plan approval found in Article IX of this chapter. Each application for an EPOD development permit shall be accompanied by the appropriate fee as determined by the Village Board. This fee shall be in addition to any other fees required.
(4)
Permit review.
(a)
For projects requiring site plan approval, the CEO shall refer
the matter to the Planning Board in accordance with the site plan
review provisions. The Planning Board shall consider the criteria
for an EPOD permit as part of its site plan review and may issue the
EPOD permit as part of site plan approval.
(b)
The Planning Board (for projects that require site plan review)
or CEO (for all other projects) shall have the authority to grant
or deny an EPOD development permit, subject to the standards, criteria
and other regulations contained in this chapter.
(c)
Any development permit issued by the CEO or the Planning Board
in accordance with the provisions of this article may be issued with
conditions. Such conditions may be attached as are deemed necessary
to ensure the preservation and protection of environmentally sensitive
areas and to ensure compliance with the purpose and intent and the
specific provisions of this article. Every permit issued pursuant
to this article shall contain the following conditions:
[1]
The CEO or the Village Engineer and/or other designated Village
official shall have the right to inspect the project from time to
time.
[2]
The permit shall expire within six months of the date issued,
if construction is not started, or within one year if there has not
been a substantial amount of work completed after the start of construction.
[3]
The permit holder shall notify the CEO of the date on which
project construction is to begin, at least five days in advance of
such date of construction.
F.
Requirement for letter of credit or certified check.
(1)
Following approval of an application for an EPOD development permit,
and prior to the issuance of any building or other Village permit,
the applicant shall furnish the Village with an irrevocable letter
of credit or certified check in an amount to be established by the
Village Board after review by the Village Engineer. Said instrument
shall be sufficient to cover the costs of compliance, contingencies
and inspection of the various specifications and conditions of the
development permit. The purpose of the letter of credit or certified
check shall be to ensure that all items, activities or structures
specified in the plans approved by the authorized boards or agencies
and by the Village are constructed or carried out in accordance with
such plans and specifications and other appropriate requirements of
the Village.
(2)
The irrevocable letter of credit or certified check shall continue
in full force and effect until such time as the CEO has certified
that, based upon a site inspection, all specifications, requirements
and permit conditions have been completed and/or complied with. At
such time, the letter of credit or certified check shall be released
to the applicant. Where the CEO finds noncompliance with permit conditions,
said official may deduct or withhold an amount from the letter of
credit or certified check sufficient to cover the cost of compliance
with any requirements, specifications or permit conditions.
G.
Suspension or revocation of permits. The CEO may suspend a permit
(temporarily) until such time as the Board having jurisdiction reviews
the suspension. The Board having jurisdiction may suspend or revoke
a development permit issued in accordance with the provisions of this
article. Suspension or revocation shall be based upon evidence that
the applicant has not complied with any or all terms or conditions
of such permit, has exceeded the authority granted in the permit or
has failed to undertake the project in the manner set forth. The CEO
shall, in writing, notify the applicant of this finding and the reasons
for revoking or suspending a permit issued pursuant to this article
and shall forward a copy of said findings to the applicant.
H.
Conservation restrictions.
(1)
Where a proposed development or subdivision contains an area delineated
on the Official Village of Lima EPOD Maps, the Board considering the
application has the right to restrict or prohibit the following activities
within the EPOD portion of the site:
(a)
Construction, including but not limited to structures, roads,
bridges, drainage facilities, barns and sheds for animals and livestock
and fences subject to New York State's Agricultural District Law.
(b)
Clear-cutting of trees or removal of vegetation or other ground
cover.
(c)
Change in the natural flow of a stream or disturbance of a streambed.
(d)
Placement of septic or other sewage disposal systems.
(e)
The use of motorized vehicles, including but not limited to
all-terrain vehicles, motorcycles, snowmobiles and motorbikes.
(2)
Where proposed development results in a conservation restriction
being imposed by the authorized board, said restriction shall be noted
on the final approved map and filed with the office of the County
Clerk and/or the Building Department.
I.
Appeals. All appeals of decisions made under this chapter shall be
made to the Zoning Board of Appeals.
A.
Purpose and intent. The purpose of the Stream Corridor Protection
Overlay District is to preserve and protect streams and their associated
ecosystems within the Village. It is also the intent of these regulations
to prevent soil erosion, sedimentation and slope failure due to removal
of vegetation, dredging, filling, damming or channelization; prevent
degradation or loss of the natural character of the area; and prevent
activities which degrade water quality.
B.
Delineation of district boundaries. The boundaries of the Stream
Corridor Protection Overlay District shall be delineated on the Official
Village of Lima EPOD Maps. These boundaries shall include Spring Brook
and land within 100 feet from the top of each bank.
C.
Regulated activities. No person shall conduct any of the following
regulated activities unless such person has first applied for and
obtained an EPOD development permit pursuant to the requirements of
this section. Customary agricultural operations and watercourse maintenance
activities are not required to obtain an EPOD development permit.
(1)
Construction of new buildings or structures or additions to or modifications
of existing buildings or structures.
(2)
Construction or placement of any on-site septic or sewage disposal
system.
(3)
Filling, cutting or excavation, either on land or within a watercourse
or floodplain.
(4)
Removal of natural vegetation.
(5)
Discharge of stormwater and/or construction of a private commercial
or municipal stormwater runoff system.
(6)
Construction of driveways, roads, trails or bridges.
(7)
Any activity which would alter the natural flow pattern of the watercourse.
D.
Development standards and permit conditions. In granting, denying
or conditioning any application for an EPOD development permit for
activities within a stream corridor, the CEO or the Planning Board
shall consider the effect that the proposed regulated activity shall
have on the public health, safety and welfare and the protection of
the major watercourses within the Village.
(1)
General regulations. Any applicant for a permit to undertake a regulated
activity within a Stream Corridor Protection Overlay District shall
be required to adequately demonstrate that the proposed activity will
in no way at present or at any time in the future adversely affect
the following:
(2)
Specific standards. No permit to undertake a regulated activity within
the district shall be issued by the CEO or the Planning Board unless
it determines that the proposed project complies with the following
standards:
(a)
The proposed activity provides adequate measures to prevent
disruption and pollution of fish and wildlife habitats and freshwater
wetlands, stormwater runoff, septic and sewage systems and any other
activity on the site.
(b)
A natural vegetative buffer of 100 feet from each bank shall
be retained adjacent to the watercourses to absorb floodwaters, to
trap sediments, to protect adjacent fish and wildlife habitats and
to protect scenic qualities.
(c)
Site preparation, including stripping of vegetative cover or
grading, shall be undertaken so that the amount of time that disturbed
ground surfaces are exposed to the energy of rainfall and runoff water
is limited. Disturbed soils shall be stabilized and revegetated before
construction can begin. During the interim, erosion protection measures,
including but not limited to vegetation, retention ponds, recharge
basins, berming, silt traps and mulching, shall be used to ensure
that sedimentation is minimized and mitigated.
(d)
The project shall provide adequate measures to protect surface
waters and groundwaters from direct or indirect pollution and from
overuse.
(e)
Fill shall not encroach on natural watercourses, constructed
channels or floodway areas. All fill shall be compacted at a final
angle of repose which provides stability for the material, minimizes
erosion and prevents settlement.
(f)
Roads, trails and walking paths along water bodies shall be
sited and constructed so they are not a source of runoff and sedimentation.
Such roads, trails and walking paths shall be constructed and sited
in such a manner as to maximize the visual opportunities of a water
body while maintaining the scenic qualities of the water body.
(g)
No new dock, boat launching site or fishing access and parking
area shall be constructed unless it is shown that it will not impede
the natural flow of the streams to which this section applies. Said
facilities shall be located and constructed so as to minimize their
intrusion into the streams and avoid adverse environmental impact
and unreasonable impacts upon public use of the waters.
(h)
New structures, except crossings which are regulated by the
New York State Department of Environmental Conservation and/or the
United States Army Corps of Engineers, shall not be constructed within
100 feet of the bank of the stream.
(i)
New structures shall be designed and constructed in accordance
with accepted Best Management Practices for erosion control and stormwater
management as identified by the NYS Department of Environmental Conservation
and/or the Livingston County Soil and Water Conservation District.
