[Added 12-13-2004 by L.L. No. 3-2004]
A. Purpose. The purpose of this overzone is to protect the water quality in Skaneateles Lake by controlling land uses that may have detrimental effects on lake water quality. Such detrimental effects occur when runoff from land within the watershed flows into the lake, carrying sediment and other pollutants that adversely affect water quality.
B. Boundaries. The Skaneateles Lake Watershed Overzone shall consist of all land lying within the watershed of Skaneateles Lake, south of US Route 20, within the Village of Skaneateles.
C. Permit and site plan approval.
(1) Any activity for which a building permit is required, or which involves the disturbance of 500 square feet or more of land within 300 feet of the lake line or a watercourse, shall be required to satisfy the requirements of this section.
(2) Any activity which involves the disturbance of 3,000 square feet or more of land within the Skaneateles Lake Watershed Overzone shall be required to obtain a site plan approval from the Planning Board.
D. Administration.
(1) The provisions of this section shall be administered by the Code Enforcement Officer.
(2) Where an activity is subject to the requirements of this section and also subject to the review or approval of the Village Board, the Village Planning Board, the Village Zoning Board of Appeals or other board or official of the Village of Skaneateles (the "reviewing board or official"), the reviewing board or official shall consider the requirements of this section in making its decision. Where an activity regulated by this section is granted an approval by a reviewing board or official, the approval may include such conditions as may be necessary to ensure compliance with the requirements in this section.
(3) In administering this section, the reviewing board or official shall consult with appropriate experts as necessary to ensure compliance with this section. Such experts may include the Onondaga County Soil and Water Conservation District, the Village Engineer, or other professional engineers, hydrologists, geologists, or specialists in related disciplines. Where an approval by a board is required, the board may charge the applicant for the reasonable cost of such consultation.
(4) Activities regulated by this section shall comply with the Watershed Rules and Regulations of the City of Syracuse ("Syracuse") (as they existed on August 31, 2004) and applicable regulations of the New York State Department of Environmental Conservation ("DEC") and Onondaga County Health Department ("DOH"), and the proponent shall present evidence of that compliance to the Code Enforcement Officer. If such compliance requires the proponent to make formal submittal to Syracuse, DEC or DOH, the proponent shall request that any response be copied to the Code Enforcement Officer within 30 days of submittal. The Code Enforcement Officer shall forward any such response to the reviewing board or official for consideration in acting on the proposal. If no response is received within 30 days of submittal, the reviewing board or official may act on the proposal without waiting for response. Any term used in this Section which is defined in the Watershed Rules and Regulations of the City of Syracuse, but not in this section, shall carry the meaning given in the Syracuse definition.
E. Performance standards and requirements.
(1) Prevention of non-point source pollution.
(a) Wherever practical, impermeable surfaces shall be graded to capture runoff and convey it to the Village storm sewer system.
(b) In evaluating applications for any development within the Watershed Overzone, the reviewing board or official shall determine that:
[1] Non-point source pollution is prevented to the extent practical, by taking into account slope gradient, soil erosivity, intensity and amount of pollutant application and exposure, and season of soil and/or pollutant exposure.
[2] Travel time to watercourses is sufficient for those pollutants whose potential impact is neutralized by delayed contact with the lake.
[3] Pollutant loadings will not damage any watercourse.
[4] Grading and removal of trees and other existing vegetation are minimized.
[5] Adequate measures will be taken to control drainage and to prevent erosion and sedimentation both during and after construction. Applicants shall be required to comply with the following regulations:
[a] The erosion prevention requirements in §
225-26B of this chapter;
[b] Applicable Watershed Regulations of the City of Syracuse; and
[c] New York State or federal rules or regulations relating to stormwater management or erosion control.
(2) Designation of acceptable site disturbance areas. In order to fulfill the purposes of this section, the reviewing board or official shall designate acceptable areas for site disturbance and construction on all subdivision plans, site plans, plot plans, or other maps or plans showing proposed construction or landscape alteration. All land outside of the acceptable site disturbance areas shall be designated as "no-disturbance" areas in which site disturbance may occur only as minimally necessary for construction of driveways, trails, utilities, fences, and other structures that cannot practically be located within the designated site disturbance area. The performance criteria in Subsection
E(1) above shall govern the selection of appropriate areas of site disturbance.
F. Conditions and findings in board approvals.
(1) In granting approval of any subdivision, special use permit, site plan approval, variance, or zoning amendment that includes land located within the SL-O District, a reviewing board or official shall impose appropriate conditions to ensure that the proposed development has been designed in a manner that minimizes damage to water resources and satisfies the requirements in Subsection
D.
(2) Such conditions may include creation of a conservation easement to protect water quality.
G. Nothing in this section shall give the Village or any other public entity the right to enter upon, use, or condemn any property in the Skaneateles Lake Waterfront Overzone.
H. Nothing in this section shall authorize the Village to require that land in the SL-O Overzone be dedicated to public use, except as may ordinarily occur in connection with laying out street rights-of-way, sidewalks, utility easements, and drainage.