[Added 5-1-1986 by L.L. No. 4-1986]
A.
The purpose of the environmental protection overlay
districts established in this article is to provide special controls
over land development located in sensitive environmental areas within
the Town of Irondequoit. These districts and the regulations associated
within them are designed to preserve and protect unique environmental
features within the Town as much as possible, including, but not limited
to, wetlands, steep slopes, floodplains and woodlots.
B.
The regulation contained in each environmental protection
overlay district (EPOD) are not intended to be substituted for other
general zoning district provisions, but can be superimposed over such
district provisions and should be considered as additional requirements
to be met by the applicant or developer, prior to project approval.
The purpose of the overlay districts is to provide the Town with an
additional level of review and regulation that controls how land development
permitted by the Town's primary zoning districts should occur in sensitive
or unique environmental areas.
In order to address the specific goals listed in § 235-41A of this chapter, the Town of Irondequoit is hereby divided into the following environmental protection overlay districts:
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EPOD1 - Wetland Protection District
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EPOD2 - Steep Slopes Protection District
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EPOD3 - Woodlot Protection District
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EPOD4 - Floodplain Protection District
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EPOD5 - Watercourse Protection District
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EPOD6 - Coastal Erosion Area Protection District
[Amended 4-21-1988 by L.L. No. 4-1988] |
The locations and boundaries of all environmental
protection overlay districts shall be delineated on an official set
of maps on file in the Town Clerk's office and Town Building Department.
These maps shall be known and may be cited as the "Official Town of
Irondequoit EPOD Maps" and shall include the environmental atlas maps
for the Town [prepared by the Monroe County Environmental Management
Council (MCEMC)], the Official Wetland Maps for the Town [prepared
by the New York State Department of Environmental Conservation (NYSDEC)],
the Official Flood Insurance Rate Maps (FIRM) for the Town [prepared
by the Federal Emergency Management Agency (FEMA)], the Coastal Erosion
Hazard Area maps (prepared by the NYSDEC) and the State Coastal Erosion
Maps. The Official Town of Irondequoit 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.
[Amended 6-17-1997 by L.L. No. 4-1997; 12-15-1998 by L.L. No. 8-1998]
The Town Department of Planning and Zoning shall be responsible for interpreting environmental protection overlay district boundaries based on an interpretation of the Official Town of Irondequoit EPOD Maps, as well as the use of various criteria set forth in this article for determining such district boundaries. The Town Department of Planning and Zoning may request the assistance of the Town Engineer or other appropriate department or agency in making such a determination. Appeals from a determination of the Town Department of Planning and Zoning regarding boundaries of overlay districts shall be made to the Town Planning Board in accordance with the public hearing procedures of Article XV of this chapter.
An EPOD development permit shall be required
subject to the provisions of this article and prior to the commencement
of any regulated activity of the issuance of any building permit for
regulated development in a designated environmental protection overlay
district within the Town of Irondequoit. The following activities
are exempt from the permit procedures of this article, subject to
a determination by the Town Building Inspector that such activities
involve necessary normal maintenance and upkeep of 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.
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.
Agricultural activities, except structural activities.
J.
Public health activities, orders and regulations of
the New York State Department of Health, Monroe County Department
of Health or other agencies undertakes in compliance with § 24-0701,
Subdivision 5, of the New York State Environmental Conservation Law,
as amended or changed.
K.
Activities subject to the review jurisdiction of the
New York State Public Service Commission or the New York State Board
on Electric Generation Siting and the Environment, under the provisions
of Article 7 or Article 8 of the New York State Public Service Law,
respectively.
L.
Any actual or ongoing emergency activity which is
immediately necessary for the protection and preservation of life,
property or natural resource values.
[Amended 4-21-1988 by L.L. No. 4-1988; 2-4-1997 by L.L. No. 1-1997; 12-15-1998 by L.L. No. 8-1998]
A.
Application for EPOD development permits shall be
made in writing to the Town Planning Board on forms available to the
Town Department of Planning and Zoning. Such an 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 Town Department
of Planning and Zoning or Town Engineer, including but not limited
to a scaled site plan prepared and certified by a licensed engineer
or land surveyor that contains the following minimum information:
(1)
A location plan and boundary line survey of the property.
(2)
The location of all environmental protection overlay
district boundaries, designated Town open space, Town, county or state
parkland or other similar areas within and/or adjacent to the property,
as defined by this article.
(3)
The location of all existing and proposed buildings,
structures, utility lines, sewers, water and storm drains on the property
or within 200 feet of the proposed work site.
(4)
The location of all existing and proposed impervious
surfaces, such as driveways, sidewalks, etc., on the property or within
200 feet of the proposed work site.
(5)
Existing and proposed contour levels at intervals
of five feet for the property, unless such property is located within
a Steep Slope Protection District whereby contour levels shall be
required at intervals of two feet.
(6)
The location and types of all existing and proposed
vegetation and shrub masses, as well as all trees with a diameter
of four inches or more within and/or adjacent to the property.
(7)
The location of all existing and proposed drainage
patterns, drainageways, swales, etc., within and/or adjacent to the
property.
[Amended 2-14-1995 by L.L. No. 6-1995; 6-17-1997 by L.L. No. 4-1997; 8-18-1998 by L.L. No. 1-1998; 12-15-1998 by L.L. No. 8-1998]
A.
The Town Department of Planning and Zoning shall refer a completed permit application to the Town Planning Board for a public hearing in accordance with the provisions of Article XV of this chapter. The Town Department of Planning and Zoning shall also refer a completed permit application to the Town Conservation Board for its review and recommendations. The Town Conservation Board shall have 30 days from the date of its receipt of a completed application in which to review such application and report its recommendations to the Town Planning Board. Should the Town Conservation Board fail to report or make a recommendation to the Town Planning Board regarding the application within the thirty-day time period, the Town Planning Board may take action on the permit application without such report.
B.
Following the required public hearing, the Town Planning
Board shall have the authority to grant or deny an EPOD development
permit, subject to the standards, criteria and other regulations contained
in this article. The Town Planning Board shall consider the comments
and recommendations of the Town Conservation Board and may also request
a report from the Town Engineer or other appropriate department or
agency in acting on such permit application.
C.
In addition, the Town Planning Board, when deemed
necessary by a majority vote of the Board, may refer any completed
application for an EPOD development permit to the Town Board for its
review, comments and recommendations. When such a referral is made,
then the Town Planning Board may not take action on such an application
until it has received the report of the Town Board concerning the
development permit request.
D.
Any development permit issued by 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
by the Board to ensure the preservation and protection of environmentally
sensitive areas and to ensure compliance with the policies and provisions
of this article. Every permit issued pursuant to this article shall
contain the following conditions:
(1)
The Town Building Inspector, Town Engineer and/or
other appropriate Town official shall have the right to inspect the
project from time to time.
(2)
The permit shall expire on a particular date, unless
extended by the Planning Board upon good cause shown.
(3)
The permit holder shall notify the Town Building Inspector
or other appropriate Town official of the date on which project construction
is to begin, at least five days in advance of such date.
(4)
The EPOD development permit shall be prominently displayed
at the project site during the undertaking of the activities authorized
by the permit.
E.
Review of application for all permits. Any permit issued by the Commissioner of Public Works/Superintendent of Highways pursuant to this chapter or Chapter 98, Building Construction and Fire Prevention, which involves property subject to one or more environmental protection overlay districts must be reviewed by the Town Planning Board.
F.
Site capacity worksheet.
(1)
The applicant shall also submit a completed site capacity
worksheet with any application for land subdivision to the Town of
Irondequoit Planning Board. Said worksheet shall be made available
at the Town of Irondequoit Director of Planning and Zoning's office.
Said worksheet shall be in a form approved by the Town Board and shall
include, as part of the calculation, base site areas, environmental
protection overlay districts, net buildable site areas and maximum
allowable dwelling units. Said site capacity worksheet is attached
hereto and made a part hereof as Exhibit A, together with any further
changes or amendments that may be approved by the Town Board.
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EXHIBIT A
Site Capacity Worksheet
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A. Base Site Area:
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=
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______________ Acres
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B. Environmental Protection Overlay Districts:
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(Area to be subtracted from the Base Site
Area)
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EPOD
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Open Space Factor*
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Acres In Resource
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Required Resource Protection Land
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Steep slopes 30% and over
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0.95
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x
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=
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Watercourse Corridor Protection
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0.90
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x
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=
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Woodlot
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0.75
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x
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=
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Steep slopes 20% to less than 30%
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0.50
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x
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=
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Floodplain
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0.90
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x
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=
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Wetlands:
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NYDEC
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0.90
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x
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=
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USCA
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0.90
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x
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=
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TOTAL EPOD LAND
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=
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_________ Acres
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C. Gross Buildable Site Area
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(1) Base Site Area (A) =
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_______
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(2) Total EPOD Protection Land (B)
=
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_______
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(3) Gross Buildable Site Area =
C(1) - C(2) =
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_______
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_____ Acres
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D. Total Area Within Right(s)-of-Way=
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_____ Acres
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E. Net Buildable Site Area = C(3) - D =
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_____ Acres
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F. Maximum Allowable Dwelling Units
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(1) Net Buildable Site Area (E)
=
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______
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(2) Minimum Lot Size =
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______
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(3) Maximum Dwelling Units = F(1)
divided by F(2) =
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______
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____ Units
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NOTES:
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1. The open space factors are not intended to
be calculated on a cumulative basis. Where a property is encumbered
with more than one overlapping Environmental Protection Overlay Districts
(EPODs), the EPOD with the higher open space factor would be used
in the subsequently overlapping EPOD area(s).
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2. Floodplains, steep slopes, wetlands and watercourses
can be effectively designed to act as buffers between existing and
proposed developments, used as open space within subdivision or maintained
privately as part of the subdivision lots and homesites.
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A reasonable credit is, therefore, provided
for the amenity these features provide in determining the maximum
density of subdivisions.
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(2)
No permit to undertake any regulated activity within
an EPOD shall be issued by the Planning Board unless the net buildable
site area and maximum allowable dwelling units are less than or equal
to the calculated value under the site capacity calculation worksheet.
[Amended 4-21-1988 by L.L. No. 4-1988; 2-14-1995 by L.L. No. 4-1995; 6-17-1997 by L.L. No. 4-1997; 12-15-1998 by L.L. No. 8-1998]
Following approval of an application for an
EPOD development permit and prior to the commencement of any site
activity, issuance of any building or other Town permit, the applicant
shall furnish the Town Director of Development Services with an irrevocable
letter of credit in an amount to be reviewed by the Town Engineer
and Town Attorney, which is sufficient to cover the costs of compliance
with the various specifications and conditions of the development
permit. The purpose of the letter of credit shall be to ensure that
all items, activities or structures specified in the plans approved
by the Town Planning Board are constructed or carried out in accordance
with such plans and specifications and other appropriate requirements
of the Town of Irondequoit. The irrevocable letter of credit shall
continue in full force and effect until such time as the Commissioner
of Public Works has certified, in writing, to the Town Planning Board
that, based on a site inspection, all specifications, requirements
and permit conditions have been completed and/or complied with, whereupon
the letter of credit shall be released to the applicant. The Town
Commissioner of Public Works/Superintendent of Highways, upon recommendation
of the Town Engineer, Town Planning Board or other appropriate department
or official, may deduct or withhold an amount from the letter of credit
sufficient to cover the cost of noncompliance with any requirements,
specifications or permit condition and/or release the Town from any
liability resulting from such noncompliance.
[Amended 2-4-1997 by L.L. No. 1-1997]
The Department of Development Services may suspend
a permit (temporarily) until such time as the Planning Board reviews
the suspension. The Town Planning Board, upon recommendation of the
Town Building Inspector or other appropriate Town official and subject
to a majority vote of the Board, may suspend or revoke a development
permit issued in accordance with the provisions of this article where
it has found 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 in the application. The Town Planning Board shall
set forth, in writing, its findings and reasons for revoking or suspending
a permit issued pursuant to this article and shall forward a copy
of said findings to the applicant.
[Added 2-14-1995 by L.L. No. 4-1995]
Citizens of the Town of Irondequoit shall have
the power to enforce the EPOD regulations in the same manner as is
permitted in Town Law § 268, as amended or changed.
[Amended 4-21-1988 by L.L. No. 4-1988; 2-4-1997 by L.L. No. 1-1997; 6-17-1997 by L.L. No. 4-1997; 12-15-1998 by L.L. No. 8-1998]
A.
Purpose. The purpose of the Wetland Protection District
is to preserve and protect freshwater wetlands located within the
Town of Irondequoit, pursuant to Article 24 of the New York State
Environmental Conservation Law. Through this statement of purpose,
it is declared to be the public policy of the Town of Irondequoit
that these areas shall be protected as invaluable natural resources
that provide for flood protection, wildlife habitats, recreational
and open space, erosion and pollution control and protection and recharging
of groundwater supplies. The regulations contained in this district
seek to prevent the despoilation and destruction of freshwater wetlands
by controlling development in these areas and by requiring review
and permit approval prior to project commencement.
B.
Delineation of district boundaries. The boundaries
of the Wetland Protection District shall be delineated on the Official
Town of Irondequoit EPOD Maps and shall include all wetland areas
designated as Type I, Type II, Type III and Type IV by the New York
State Department of Environmental Conservation. The provisions of
this section shall be applicable to all wetland areas within the Town
of Irondequoit and as shown on the Official Town Maps, other than
those areas designated as Type I wetlands by the State Department
of Environmental Conservation. Permit application for development
within all Type I Environmental Conservation shall be reviewed and
approved by the State Department of Environmental Conservation, subject
to the provisions of Part 665 of the New York State Codes, Rules and
Regulations (NYCRR). Upon application for a development permit within
a Wetland Protection District, the Town Department of Planning and
Zoning shall refer such application and site plan to the State Department
of Environmental Conservation in order to determine the precise boundary
of the wetland area. The boundary of a Wetland Protection District
shall include a buffer zone that extends out from the edge of the
wetland area for a distance of 100 feet or three hundred feet, as
determined by the DEC.
C.
Regulated activities. No person shall conduct any
of the following regulated activities within any Wetland Protection
District in the Town of Irondequoit, unless such person has first
applied for and obtained an EPOD development permit pursuant to the
requirements of 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 of 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 or discharging sewage
treatment effluent or other liquid wastes 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, as amended or changed.
D.
Development standards/permit conditions.
(1)
In granting, denying or conditioning any application for an EPOD Development permit, the Town Planning Board shall consider the effect that the proposed regulated activity will have on the public health, safety and welfare and the protection or enhancement of the several functions and benefits of freshwater wetland areas as stated in Subsection A of this section. No permit to undertake a regulated activity within a wetland protection district in the Town of Irondequoit shall be issued by the Town Planning Board, unless the applicant can adequately demonstrate to the Board that:
(a)
The proposed regulated activity is consistent
with the policy of this chapter to preserve, protect and conserve
freshwater wetlands and the benefits derived therefrom.
(b)
The proposed regulated activity is compatible
with the public health, safety and welfare.
(c)
The proposed regulated activity is reasonable
and necessary.
(d)
There is no reasonable alternative for the proposed
regulated activity on a site which is not a freshwater wetland or
adjacent area.
(2)
In addition, any applicant for a permit to undertake
a regulated activity within a Wetland Protection District of the Town
of Irondequoit shall be required to adequately demonstrate to the
Town Planning Board that the proposed activity will in no way at present
or at any time in the future adversely affect the following:
(3)
The applicant for a permit shall have the burden demonstrating
that the proposed regulated activity will be conducted in accordance
with the standards and requirements set forth above.
[Amended 4-21-1988 by L.L. No. 4-1988; 2-14-1995 by L.L. No. 5-1995; 6-17-1997 by L.L. No. 4-1997; 12-15-1998 by L.L. No. 8-1998]
A.
Purpose. The purpose of the Steep Slope Protection
District is to minimize the impacts of development activities on steep
slopes in the Town of Irondequoit 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.
Delineation of district boundaries. The boundaries
of the Steep Slope Protection District shall be delineated on the
Official Town of Irondequoit EPOD Maps and shall include all areas
in the Town of Irondequoit with a fifteen-percent slope or greater.
The Town Department of Planning and Zoning and Town Engineer may consult
other information, including but not limited to soil survey reports
prepared by the Soil Conservation Service, topographic maps produced
by the United States Geological Survey, field surveys and other appropriate
sources in order to more accurately locate and delineate steep slope
protection district boundaries within the Town. The following additional
areas shall also be considered within the "steep slope" definition:
(1)
A transition zone at the top of the slope defined
as that area containing soil classes (as defined in the Monroe County
Soil Survey) with moderate to severe limitations for development and
recreational uses as determined on a site-specific high-intensity
soil survey.
(2)
Natural protective features (beaches, bluffs and near-shore
areas) around Irondequoit Bay, as defined in regulations in Part 505
of the NYCRR implementing the Coastal Erosion Hazard Act.
C.
Regulated activities. No person shall conduct any
of the following regulated activities within any Steep Slope Protection
District in the Town of Irondequoit, unless such person has first
applied for and obtained an EPOD development permit pursuant to the
requirements of this article:
(1)
Clearing of or constructing on any land area within the district, including construction or clearing activities related to providing equipment access on the site, except for those activities exempted from the permit requirements of this article as indicated in § 235-45 of this chapter.
(2)
The construction or placement of any sewage disposal
system, including individual sewage disposal systems, septic tanks,
septic drainage or leach fields.
(3)
Filling, cutting or excavating operations.
(4)
Discharge of stormwater and/or construction and placement
of stormwater runoff systems.
(5)
Construction of new buildings or structures or additions
and modifications to existing buildings and structures in areas of
slopes exceeding 15%.
D.
Development standards/permit conditions.
(1)
In granting, denying or conditioning any application
for an EPOD development permit, the Town Planning Board shall consider
the effect that the proposed regulated activity will have on the public
health, safety and welfare and the protection or enhancement of the
fragile and environmentally sensitive steep slope areas within the
Town. No permit to undertake a regulated activity within a Steep Slope
Protection District in the Town of Irondequoit shall be issued by
the Town Planning Board unless the applicant can adequately demonstrate
to the Board that:
(a)
The stable angle of repose of the soil classes
as found on the site has been used to determine the proper placement
of structures and other development-related facilities within the
plateau area. Site specific calculations of the stable angle of repose
for the site shall be determined by a professional soil scientist
or engineer using the soil classes and nomenclature contained in the
best management practices of the Irondequoit Bay Coordinating Committee,
as defined and illustrated in Table 1, which is attached hereto and
incorporated herein by reference,[1] and obtained for the site by borings, as well as high-density
soil survey data provided by the developer.
[1]
Editor's Note: Said table and the accompanying
diagram are on file in the Town Clerk's office.
(b)
The stability of soil will be maintained or
increased to adequately support any construction thereon or to support
any landscaping, agricultural or similar activities. This shall be
documented by soil bearing data provided by a qualified testing laboratory
or engineer and paid for by the developer.
(c)
No proposed activity will cause uncontrolled
erosion or slipping of soil or cause sediment to be discharged into
Irondequoit Bay, Lake Ontario, the Genesee River and their wetlands
or tributaries.
(d)
Plant life located on the slopes outside of
the minimum area that need be disturbed for carrying on approved activities
shall not be destroyed. Plants or other acceptable ground cover shall
be reestablished in disturbed areas immediately upon completion of
development activity so as to prevent any of the harmful effects set
forth above to maintain the natural scenic characteristics of the
Irondequoit Bay or other scenic areas.
(e)
Access down steep slopes shall be provided with
ramp slopes no greater than 16% and side slopes no greater than 30%
if not terraced or otherwise structurally stabilized. Disturbed nonroadway
areas shall be stabilized with vegetation or other approved physical
means. Completed roadways shall be stabilized and adequately drained.
Disturbance to slopes of greater than 30% to provide access to subdivision
sites shall be limited to 3% of such slope area.
(f)
Construction of erosion protection structures,
particularly along the water side of eroding bluffs, shall be permitted
to provide protection of bluff features according to the following
standards:
[1]
All erosion protection structures shall be designed
and constructed according to generally accepted engineering principles
which have demonstrated success or a likelihood of success in controlling
long-term erosion. Such engineering principles can be found in publications
of the United States Soil Conservation Service. The protective measure
must have a reasonable probability of controlling erosion on the immediate
site for a least 30 years.
[2]
A long-term maintenance program shall be included
in any application for construction, modification or restoration of
an erosion protection structure. Such programs shall include specifications
for normal maintenance of degradable materials and the periodic replacement
of removable materials.
[3]
All material used in such structures shall be
durable and capable of withstanding inundation, wave impacts, weathering
and other effects of storm conditions. Individual component materials
may have a working life of less than 30 years only when a maintenance
program ensures that they will be regularly maintained and replaced
as necessary to attain the required 30 years of erosion protection.
[4]
The construction, modification or restoration
of erosion protection structures shall not be likely to cause any
measurable increase in erosion at the development site or other locations
and prevent adverse effects to natural protective features, existing
erosion protection structures and natural resources such as significant
fish and wildlife habitats.
(g)
Drainage of stormwater shall not cause erosion
or siltation, contribute to slope failures, pollute groundwater or
cause damage to or flooding of property. Drainage systems shall be
designed and located to ensure slope stability.
(h)
Any grading, excavating or other soil disturbance
conducted on a steep slopes shall not direct surface water runoff
over the receding edge during construction.
(i)
There is no reasonable alternative for the proposed
regulated activity on that portion of the site containing steep slopes.
(j)
All applications for EPOD development permit
shall be prepared and reviewed using the following guidelines:
[1]
All structural foundations shall be placed on
virgin, undisturbed soil. (The site plan shall have a note to this
effect and depict a section through the proposed structure indicating
the areas of slopes greater than 15% and areas of fill.)
[2]
The finished grade for all cut or fill slopes
shall not exceed 3 to 1, i.e., three horizontal to one vertical. The
use of retaining structures may be required to eliminate slopes greater
than 3 to 1. All such retaining walls must be approved by the Town
Engineer. The site plan shall show proposed contours and indicate
all proposed slopes greater than 3 to 1.
[3]
Surface runoff or downspout water will not be
allowed to discharge on slopes greater than 15%. Said waters shall
be discharged from a closed drainage system to the toe of the slope
or into a recharge structure (i.e., dry well) or a dedicated stormwater
system. Storm drainage methods shall be shown and noted on the site
plan.
[4]
All disturbed steep slope areas shall be regraded
and stabilized as soon as practical but in less than 30 days.
[5]
Disturbance of steep slopes areas shall be the
minimum required to allow for the completion of the subject construction.
Such areas shall be clearly marked and noted on the site plan.
[6]
Temporary erosion control (i.e., straw bales,
siltation fences, hydroseeding, mulching, etc.) shall be provided
for all disturbed areas, shall be installed before work starts and
shall be maintained until restoration is complete. (The site plan
shall show the location and method of erosion/siltation control.)
[7]
The selection of vegetation shall be appropriate
for subject applications and the plant list and ground cover vegetation
shall be shown on the site plan.
[8]
Steep slope areas which will not support vegetation
(i.e., beneath a deck in full shade) shall receive an appropriate
soil cover (i.e., stone pavers, etc.). The type and limit of nonvegetative
cover shall be shown on the site plan.
[9]
Removal of existing mature trees from steep
slope areas will only be permitted where absolutely necessary to allow
the subject construction. All trees larger than three inches in diameter
shall be shown on the site plan. Trees to be removed shall also be
indicated on the site plan.
[10]
Deck support systems on steep slopes shall be
designed by a licensed professional engineer. Details for deck supports
on steep slopes shall be shown on the site plan.
[11]
All steep slope EPOD permit plans shall bear
the original seal and signature of a licensed professional engineer.
(2)
The applicant for a permit shall have the burden of
demonstrating that the proposed regulated activity will be conducted
in accordance with the standards and requirements set forth above.
A.
Purpose. The purpose of the Woodlot Protection District
is to preserve and protect woodlots located within the Town of Irondequoit
by regulating or controlling development in those areas and by requiring
review and permit approval prior to project commencement.
B.
The boundaries of the Woodlot Protection District
shall be delineated on the Official Town of Irondequoit EPOD Maps
and shall include all areas in the Town of five acres or more containing
tree communities and trees six inches in diameter and greater in which
the average basal area is at least 30 square feet per acre of trees
six inches and larger as determined using a ten-factor prism. Tree
communities are those which are established within 10 to 20 years
after cultivation and maintenance of land ceases and shall include
pioneer communities of ash, silver maple, cherry, hawthorn, willow
and bass wood and mature woodlot communities of red maple, sugar maple,
oak, hickory, beech, horse chestnut, willow and evergreens.
[Amended 2-14-1995 by L.L. No. 1-1995; 12-17-1996 by L.L. No. 12-1996; 6-17-1997 by L.L. No. 4-1997; 8-18-1998 by L.L. No. 1-1998]
(1)
Basal areas determination methodology: A minimum of
two nonoverlapping random samples shall be taken in determining whether
a site is a woodlot, and the approximate locations of samples are
to be marked on the site plan. The samples shall be taken entirely
in the wooded area. For every sample location, the number of trees
six inches in diameter and larger are counted 360º around the
center of the sample. For trees to be counted when using the prism,
the tree images (displaced versus real image) must be touching or
overlapping. The basal area for each sample shall be calculated using
the formula: Basal area = N (number of trees counted) x 10 (prism
factor). All the samples shall be then averaged to obtain the average
basal area of the site.
(2)
More than three samples shall be taken for sites of
20 acres and larger.
C.
Regulated activities. No person shall conduct any
of the following regulated activities within any Woodlot Protection
District in the Town of Irondequoit unless such person has first applied
for and obtained an EPOD development permit pursuant to the requirements
of this article:
D.
Development standards/permit conditions.
(1)
In granting, denying or conditioning any application
for an EPOD development permit, the Town Planning Board shall consider
the effect that the proposed regulated activity will have on the public
health, safety and welfare and the protection and enhancement of the
woodland areas within the Town.
(2)
Any applicant for a permit to undertake a regulated
activity within a Woodlot Protection District in the Town of Irondequoit
shall be required to adequately demonstrate to the Town Planning Board
that the proposed activity will in no way at present or at any time
in the future adversely affect the following:
(3)
The applicant for a permit shall have the burden of
demonstrating that the proposed regulated activity will be conducted
in accordance with the standards and requirements listed above.
E.
Other standards/conditions.
(1)
Any activity within a woodlot area involving the cutting
of trees with the intent to manage the woodlot or harvest timber for
commercial use shall be subject to an EPOD development permit. Applications
for woodlot management shall be submitted by the applicant to the
New York State Department of Environmental Conservation for a review
and advisory opinion. Applicants for such activity must submit a management
plan prepared by a qualified consulting forester or a forest management
recommendation prepared by a NYSDEC forester, which includes the following
information:
(a)
A site plan with maps, tables and text showing
boundaries and size of the woodlot;
(b)
The kinds and sizes of trees present and the
basal area (density of trees calculated per acre by trunk size) of
the site before and after the proposed management activity;
(c)
The actions proposed to produce and harvest
the forest crop;
(d)
The schedule for a commercial harvest;
(e)
Any noncommercial thinning of the woodlot;
(f)
Proposed road construction; and
(g)
Proposed erosion and sedimentation control measures
and including revegetation and timing designated in accordance with
best management practices prepared by the Irondequoit Bay Coordinating
Committee (IBCC).
[Amended 2-14-1995 by L.L. No. 1-1995]
(2)
Timber sale contracts shall be required and shall
conform to the following:
(a)
The posting of a bond to pay for completion
of remedial measures upon failure of the applicant to meet the specifications
of the plan, in an amount necessary to complete the anticipated work.
(b)
The recording of timber sale contracts with
the Town Clerk of the municipality in which the work will be occurring.
(3)
The following specific practices shall be used to
minimize soil erosion and sedimentation during woodlot management
activities:
(a)
No skidding shall take place during wet months.
(b)
Stream crossings shall be kept to a minimum.
(c)
Stream banks shall be protected by controlling
skidding and felling close to the stream.
(d)
Slopes exceeding 15% shall require additional
protection measures.
(e)
All roads and skid trails shall be reviewed
for appropriate location, design and construction.
(f)
Landing locations that avoid erosion problems
shall be selected.
(g)
Applications for woodlot management shall comply
with all applicable New York State and local fire laws.
(h)
When woodlot management techniques are employed
along major travel corridors or the bay shoreline in locations that
are not screened by a hill, high bank or other topography, the applicant
shall establish a buffer strip along the roadside or bay shore in
which a basal area of 60 square feet of stems six inches in diameter
at breast height and larger is maintained.
(i)
Whenever possible, landings shall be kept out
of sight. Landings and access roads shall be restored after use.
(j)
In planning and development sites, applicants
shall preserve as much mature vegetation as possible. Use of clustering
of buildings to avoid mature wooded areas shall be encouraged wherever
practical, as well as the planting of replacement vegetation to mitigate
the unavoidable uses of woodlots.
(k)
No EPOD permit will be granted where the removal
of vegetation from the woodlot or shrub community is likely to cause
substantial erosion.
[Added 2-14-1995 by L.L. No. 1-1995]
[Added 3-21-1995 by L.L. No. 7-1995; amended 12-17-1996 by L.L. No. 12-1996]
A.
Purpose. The purpose of identifying wooded lots is
to preserve and protect trees in excess of six inches caliper located
within the Town of Irondequoit, controlling development in those areas
and by requiring review and permit approval prior to project commencement.
B.
The treed lot shall include all areas in the Town
of Irondequoit of one or more but less than five acres containing
tree communities and trees six inches in diameter and greater in which
the average basal area is at least 30 square feet per acre of trees
six inches and greater as determined using a ten-factor prism.
(1)
Basal areas determination methodology: A minimum of
two nonoverlapping random samples shall be taken in determining whether
a site is a woodlot, and the approximate locations of samples are
to be marked on the site plan. The samples shall be taken entirely
in the wooded area. For every sample location, the number of trees
six inches in diameter and larger are counted 360º around the
center of the sample. For trees to be counted when using the prism,
the tree images (displaced versus real image) must be touching or
overlapping. The basal area for each sample shall be calculated using
the formula: Basal area = N (number of trees counted) x 10 (prism
factor). All the samples shall be then averaged to obtain the average
basal area of the site.
[Amended 6-17-1997 by L.L. No. 4-1997][1]
[1]
Editor's Note: Former Subsection B(2), regarding
samples, which immediately followed this subsection, was repealed
8-18-1998 by L.L. No. 1-1998.
C.
Development standard/permit conditions.
(1)
In granting, denying or conditioning any application
for an EPOD development permit, the Town Planning Board shall consider
the effect that the proposed regulated activity will have on the public
health, safety and welfare and the protection or the enhancement of
the fragile and environmentally sensitive wooded lots within the Town.
(2)
No permit to undertake a regulated activity within
a wooded lot in the Town of Irondequoit shall be issued by the Town
Planning Board unless the applicant can adequately demonstrate to
the Board that:
(a)
The stability of soil will be maintained or
increased to adequately support any construction thereon or to support
any landscaping, agricultural or similar activities. This shall be
documented by soil bearing data provided by a qualified testing laboratory
or engineer and paid for by the developer;
(b)
No proposed activity will cause uncontrolled
erosion or slipping of soil or cause sediment to be discharged into
Irondequoit Bay, Lake Ontario, the Genesee River or their wetlands
or tributaries; and
(c)
There is no reasonable alternative for the proposed
regulated activity on that portion of the site containing wooded lots.
[Amended 4-21-1988 by L.L. No. 4-1988; 2-4-1997 by L.L. No. 1-1997; 12-15-1998 by L.L. No. 8-1998][1]
A.
Purpose. Certain areas of the Town of Irondequoit
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 Town. These flood losses are caused by the cumulative
effect of obstructions in the floodplain 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 Protection
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 Town.
(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.
(7)
Identify those structures and properties which are
located in areas of special flood hazard and maintain such information
for public inspection.
B.
Delineation of district boundaries.
(1)
The boundaries of the Floodplain Protection District
shall be delineated on the Official Town of Irondequoit EPOD Maps
and shall include all areas of special flood hazard, as identified
by the Federal Insurance Administration through a report entitled
the "Flood Insurance Study for the Town of Irondequoit, New York"
dated December 1977, with an accompanying Flood Insurance Rate Map
and Flood Hazard Boundary Map. These maps and any revision thereto
are hereby adopted by reference and declared to be a part of this
section.
(2)
Where base flood elevation data has not been provided
in the Flood Insurance Study for areas in the Town of Irondequoit
as required above, the Town Planning Board, Town Department of Planning
and Zoning or Town Engineer shall obtain, review and reasonably utilize
any base flood elevation data available from a federal, state, Town
or other source in order to administer the standards and requirements
of this section.
(3)
For the purposes of this section, there is hereby
established within the Town of Irondequoit three Floodplain Protection
Districts to be known as "Floodplain Overlay District I (FPO-I),"
"Floodplain Overlay District II (FPO-II)" and "Floodplain Overlay
District III (FPO-III)." The boundaries of the Floodplain Overlay
District shall include all areas within the floodways as delineated
in the Flood Insurance Study for the Town of Irondequoit, and as shown
on the National Flood Insurance Rate Map (FIRM) of the Town. The boundaries
of the FPO-III Zone shall include all areas within the one-hundred-year
floodplain as delineated in the Town Flood Insurance Study, but does
not include any areas within Floodplain Overlay District I (FPO-I)
and Floodplain Overlay District II (FPO-II).
C.
Regulated activities.
(1)
Prohibited activities. The following activities are
not permitted in a Floodplain Overlay District (FPO):
(a)
The temporary or permanent placement of a mobile
home or similar structure.
(b)
The construction or operation of an on-site
sewage disposal system.
(c)
Any other activity which, as demonstrated through
a technical evaluation, will result in any increase in the flood level
during the occurrence of the base discharge.
(2)
Regulated activities. No person shall conduct any
of the following regulated activities within the FPO Zone unless such
person has first applied for and obtained an EPOD development permit
pursuant to the requirements of this section:
(a)
Additions or substantial improvements to structures.
(b)
New structures (temporary or permanent).
(c)
Subdivision of land.
(d)
Any man-made change to improved or unimproved
real estate, including but not limited to building or other structures,
mining, filling, grading, paving, excavation or drilling operations.
D.
Development standards/permit conditions.
(1)
No EPOD development permit shall be issued by the
Town Planning Board for any regulated activity within any Floodplain
Overlay District unless the applicant for such a permit has submitted
a plan that is certified by a registered professional engineer and
shows evidence of the following:
(a)
That the structure will be constructed with
its lowest floor, including basement, elevated to at least one foot
above the base flood level.
(b)
That the structure will not affect the efficiency
or the capacity of the floodway or increase flood heights.
(c)
That the structure will not cause increased
velocities or obstruct or otherwise catch or collect debris which
will obstruct flow under flood conditions.
(d)
That the structure shall be constructed and
placed on the building site so as to offer the obstruction to the
flow of waters.
(e)
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 narrowings of the watercourse.
(f)
That all new and replacement water supply and
sanitary sewer systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharge from the
systems into floodwaters.
(g)
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.
(h)
That new construction and substantial improvements
shall be constructed using materials, methods and practices that minimize
flood damages.
(i)
That base flood elevation data is provided for
all subdivision proposals.
(j)
Such other data or evidence as may be requested
by the Town Planning Board, Conservation Board or Town Department
of Planning and Zoning pertaining to flooding and site plan information.
(k)
Information and/or a description regarding the
extent to which any watercourse will be altered or relocated as a
result of any proposed development.
(l)
Plans indicating any walls to be used to enclose
space located below the base flood level.
(m)
That there is no reasonable alternative for
the proposed regulated activity on a site which is not in a flood
hazard area.
(2)
When taking action on an application for an EPOD development
permit for a regulated action in any Floodplain Overlay District,
the Town Planning Board shall consider all technical information available,
all relevant factors and standards specified in this section, as well
as the following:
(a)
The danger that materials may be swept onto
other lands to the detriment of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)
The importance of the services provided by the
proposed facility to the community;
(e)
The necessity to the facility of a waterfront
location;
(f)
The availability of alternative locations not
subject to flooding or erosion damage for the proposed use;
(g)
The compatibility of the proposed use with existing
and anticipated development;
(h)
The relationship of the proposed use to the
Town Comprehensive Plan and floodplain management program for that
area;
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(k)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical
and water systems and streets and bridges.
(3)
The Town Planning Board may also require the applicant
for an EPOD development permit in any Floodplain Overly District to
adequately demonstrate that one or more of the following conditions
have been met before a permit is granted for any regulated activity:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Reinforcement of walls to resist water pressure.
(c)
Installation of watertight doors, bulkheads
and shutters.
(d)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(e)
Addition of mass or weight to resist flotation.
(f)
Installation of pumps to lower water levels
in structures.
(g)
Pumping facilities to relieve hydrostatic water
pressure on external walls and basement floors.
(h)
Elimination of gravity flow drains.
(i)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(j)
Compliance with other applicable environmental
regulations contained in the Code of the Town of Irondequoit.
E.
Additional requirements/information.
(1)
In addition to the other duties and responsibilities
specified in this section, the Town Department of Planning and Zoning
is authorized to administer the following provisions of this chapter.
The Town Department of Planning and Zoning shall:
(a)
Secure from the applicant all information necessary for a complete review of the proposed development by the appropriate boards and officials. The information necessary for submission shall be the same as required for site plan approval as specified in Article XV of this chapter, plus any additional information that may be required by the Town Planning Board to adequately review a request for a permit.
(b)
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.
(c)
Obtain and record the actual elevation (in relation
to 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.
(e)
Maintain for public inspection all records pertaining
to the provisions of this section.
(f)
Notify adjacent communities and the New York
State Department of Environmental Conservation prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Insurance Administration.
(g)
Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
(2)
Where this section imposes greater restrictions than
are imposed by the provision of any law, ordinance, regulation or
private agreement, this section shall control. Where there are restrictions
by any law, ordinance, regulation or private agreement greater than
those imposed by this section, such greater restrictions shall control.
All uses presently permitted in the zoning districts within the Town
of Irondequoit which also fall within the FPO Zones shall continue
to be permitted uses for these districts, except where otherwise restricted
by this section.
(3)
Appeals for variances to the requirements of this
section shall be based upon Section 80.6 (formerly Section 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 Town of Irondequoit shall
approve any construction or other activity within the Town not in
compliance with the standards of Public Law No. 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 Section 1910.3(d)] and any amendments
thereto.
(5)
The degree of flood protection required by this chapter
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 chapter 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 chapter shall not create
liability on the part of the Town of Irondequoit, any officer or employee
thereof or the Federal Insurance Administration for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
A.
Purpose. The purpose of the Watercourse Protection
District is to preserve and protect watercourses located within the
Town of Irondequoit by regulating or controlling development in those
areas and by requiring review and permit approval prior to commencement
of any activity.
B.
Delineation of district boundaries. The boundaries
of the Watercourse Protection District shall be delineated on the
Official Town of Irondequoit EPOD Maps and shall include all areas
in the Town of Irondequoit as follows:
(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 (see diagram below).
[Amended 6-17-1997 by L.L. No. 4-1997]
-1.tif.png) |
-2.tif.png) |
(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 but less 100 feet.
[Amended 4-21-1988 by L.L. No. 4-1988]
(3)
All those areas within fifty feet of the center line
of a natural or man-made watercourse with an approximate channel top
width which is less than 50 feet.
[Added 2-14-1995 by L.L. No. 2-1995; amended 6-17-1997 by L.L. No. 4-1997]
C.
Regulated activities.
[Amended 5-1-1986 by L.L. No. 4-1986,
2-14-1995 by L.L. No. 2-1995]
(1)
No person shall conduct any of the following regulated
activities within any Watercourse Protection District in the Town
of Irondequoit unless such person has applied for and obtained an
EPOD development permit pursuant to the requirements of this section:
(2)
All of the above regulated activities shall be subject to the EPOD permit application procedures set forth in § 235-45.
(3)
Notwithstanding the foregoing, no person shall build
or grade within 50 feet of the center line of streams subject to stream
corridor environmental protection overlay districts.
D.
Development standards/permit conditions.
(1)
In granting, denying or conditioning any application
for an EPOD development permit, the Town Planning Board shall consider
the effect that the proposed regulated activity will have on the public
health, safety and welfare and the protection and enhancement of watercourses
within the Town.
(2)
Any applicant for a permit to undertake a regulated
activity within a Watercourse Protection District in the Town of Irondequoit
shall be required to adequately demonstrate to the Town Planning Board
that the proposed activity will in no way at present or at any in
the future adversely affect the following:
(4)
The applicant for a permit shall have the burden of
demonstrating that the proposed regulated activity will be conducted
in accordance with the standards and requirements listed above.
[Amended 4-21-1988 by L.L. No. 4-1988; 6-17-1997 by L.L. No. 4-1997; 12-15-1998 by L.L. No. 8-1998]
A.
Purpose and statutory authority. The purpose of the
Coastal Erosion Area Protection District is to protect man-made property,
natural protective features and other natural resources along the
shorelines of Lake Ontario and Irondequoit Bay and within the Town
of Irondequoit from damage or destruction that results from severe
wind and water erosion. The purpose of the Coastal Erosion Area Protection
District is also to protect human life. The Coastal Erosion Area Protection
District is designed to ensure that new construction or the placement
of structures along the shoreline is located a safe distance away
from areas of active erosion; that construction of new public facilities
that might encourage private development in erosion hazard areas is
restricted; and that publicly financed erosion protection structures
are justified in terms of their overall public benefits and ability
to prevent erosion damage.
B.
Delineation of district boundaries. The boundaries
of the Coastal Erosion Area Protection District shall be delineated
on the Official Town of Irondequoit EPOD Maps and shall include all
coastal erosion hazard areas designated on the final Coastal Erosion
Hazard Area Map for the Town of Irondequoit, prepared and filed by
the New York State Department of Environmental Conservation, in accordance
with the provisions of Article 34 of the New York State Environmental
Conservation Law. The Coastal Erosion Area Protection District shall
include those structural hazard areas and natural protective feature
areas within the Town as defined and identified by the New York State
Department of Environmental Conservation on the final Coastal Erosion
Hazard Area Map for the Town of Irondequoit. Upon application for
a development permit within a Coastal Erosion Area Protection District,
the Town Department of Planning and Zoning shall refer such application
and site plan to the State Department of Environmental Conservation
in order to determine the precise boundary of the protected area.
C.
Regulated activities.
(1)
No person shall conduct any of the following regulated
activities within any Coastal Erosion Area Protection District in
the Town of Irondequoit unless such person has first applied for and
obtained an EPOD development permit pursuant to the requirements of
this section:
(a)
The construction or placement of any building
or structure, including movable buildings or structures.
(b)
The modification or restoration of any existing
building or structure, including existing movable buildings or structures.
(c)
The installation of public service distribution,
transmission or collection systems for gas, electricity, water or
wastewater.
(d)
Any activity or use of land which, based on
a determination by the Town Planning Board, materially alters the
condition of land, including grading, excavating, dumping, mining,
dredging, filling or other disturbance of soil.
(e)
The construction, modification or restoration
of erosion protection structures.
(2)
Applicants for EPOD development permits within a designated
Coastal Erosion Area Protection District should examine the development
standards and permit conditions contained in this section in order
to more precisely determine which activities may or may not require
a permit in this district.
D.
Exempt activities.
(1)
In addition to the exempt activities which are listed in § 235-45 of this article, beach grooming and cleanup operations and the implementation of practices recommended in a soil and waste conservation plan as defined in § 3, Subdivision (12), of the Soil and Water Conservation Districts Law, as amended or changed, shall also be exempt from the permit requirements of this article, provided that such practices do not involve the construction or placement of a building or structure.
(2)
The permit requirements of this district shall not
apply to emergency activities that are necessary to protect the public
health, safety or general welfare. However, whenever emergency activities
are undertaken within a designated Coastal Erosion Area Protection
District, damage to natural protective features and other natural
resources shall be minimized, as much as possible. Within two working
days after the commencement of any emergency activity within a Coastal
Erosion Area Protection District, the person or agency responsible
for such activity must:
(a)
Notify the Town Building Inspector and describe
the emergency and the reason(s) why the public health, safety and/or
general welfare were in jeopardy.
(b)
Describe the measure(s) which were taken to
protect the public health, safety and/or general welfare and to minimize
damage to natural resources along the shoreline.
(3)
If the Town Building Inspector determines that a regulated
activity undertaken without an EPOD development permit within a Coastal
Erosion Area Protection District does not meet the emergency activity
criteria of this section, then the Inspector shall order the immediate
cessation of such activity. The Town Building Inspector may also require
the removal of any building or structure that was constructed or placed
without an EPOD development permit and the return to former conditions
of any natural protective features that were excavated, mined or otherwise
disturbed without an EPOD development permit.
E.
Prohibited activities.
(1)
The following activities shall generally be prohibited
within any structural hazard area, as defined and identified by the
New York State Department of Environmental Conservation on the final
Coastal Erosion Hazard Area Map for the Town of Irondequoit:
|
(Reserved)
|
(2)
The following activities shall generally be prohibited
within any natural protective feature area, as defined and identified
by the New York State Department of Environmental Conservation on
the final Coastal Erosion Hazard Area Map for the Town of Irondequoit:
(a)
Excavation, mining or dredging which diminishes
the erosion protection provided by existing natural protective features.
(3)
Applicants for EPOD development permits within a designated
Coastal Erosion Area Protection District should examine the development
standards and permit conditions contained in this section in order
to more precisely determine which activities may or may not be prohibited
in this district.
F.
Development standards/permit conditions.
(1)
In granting, denying or conditioning any application
for an EPOD development permit within a Coastal Erosion Area Protection
District, the Town Planning Board shall consider the effect that the
proposed regulated activity will have on the public health, safety
and general welfare and on the protection of man-made property, natural
protective features and other natural resources along the shorelines
of Lake Ontario and Irondequoit Bay and within the Town of Irondequoit
from damage or destruction due to severe wind and water erosion.
(2)
No permit to undertake a regulated activity within
a Coastal Erosion Area Protection District in the Town of Irondequoit
shall be issued by the Town Planning Board unless the applicant can
adequately demonstrate to the Board that the proposed activity:
(a)
Is reasonable and necessary when alternatives
to the proposed activity and the extent to which the activity requires
a shoreline location are considered.
(b)
Will not be likely to cause a measurable increase
in erosion at the proposed site or at other locations.
(c)
Prevents or minimizes, to the extent possible,
adverse impacts on existing natural protective features and their
functions, existing erosion protection structures or other natural
resources, including but not limited to significant fish and wildlife
habitats and shellfish beds.
(3)
Applications for EPOD development permits for regulated
activities within designated Coastal Erosion Area Protection Districts
shall be reviewed, approved and/or conditioned on the following standards
and criteria, where applicable:
(a)
Movable structures constructed or placed within
structural hazard areas shall not contain any permanent foundations.
Any temporary foundations shall be removed at the time the structure
is moved. Below-grade footings shall be allowed if satisfactory provisions
are made for their removal.
(b)
No movable structure within structural hazard
areas shall be placed closer than 25 feet to the landward limit of
a bluff.
(c)
Where there are no bluffs or dunes present,
no movable structure within structural hazard areas shall be placed
within 25 feet of the landward limit of a beach.
(d)
No movable structure within structural hazard
areas shall be placed or constructed so that its weight places an
excessive ground loading on a bluff.
(e)
Movable structures located within an erosion
hazard area must be removed before the receding edge recedes to within
10 feet of the most seaward point of the movable structure.
(f)
Any grading, excavating or other soil disturbance
conducted within an erosion hazard area must not direct surface water
runoff over the receding edge.
(g)
Dredging within natural protective feature areas
that is required to maintain or construct navigation channels or for
artificial beach nourishment shall require an EPOD development permit.
(h)
Clean sand and gravel is the only material which
may be deposited within natural protective feature areas. Any deposition
requires an EPOD development permit.
(i)
An EPOD development permit shall not be required
for the construction, modification or restoration, within natural
protective feature areas, of docks, piers, wharves or other structures
that are built on floats, columns, open timber, piles or similar openwork
supports and that have a top surface area of 200 square feet or less
or that are entirely removed from the water in the fall of each year.
(j)
Excavation of bluffs shall only be a permitted
regulated activity where such activity is required as a part of the
construction, modification or restoration of an erosion protection
structure.
(k)
Excavation or mining of bluffs shall only be
a permitted regulated activity where such activities involve bluff
cuts made in a direction that is perpendicular to the shoreline and
made in order to provide shoreline access. The ramp slope of such
bluff cuts must not be steeper than 1 to 6 and the side slopes must
not be steeper than 1 to 3, if not terraced or otherwise structurally
stabilized. Side slopes and other disturbed on-roadway areas must
be stabilized with vegetation or other approved physical means. Completed
roadways must be stabilized and appropriate drainage provided.
(l)
Vehicular traffic shall be prohibited on all
natural protective areas.
(m)
Elevated walkways or stairways constructed solely
for the purpose of providing private pedestrian access to the beach
for an individual property owner shall not require an EPOD development
permit.
(n)
Excavation or mining of dunes shall be prohibited.
(o)
Pedestrian traffic across dunes must utilize
elevated walkways and stairways or other similar structures.
(p)
New structures or major additions to existing
structures constructed on dunes or beaches must be built on adequately
anchored pilings that provide at least three feet of open space between
the lowest horizontal structural member, e.g., floor joists, and the
surface of the dune or beach area. This three-foot space must be left
open and free of obstructions.
(q)
All erosion protection structures must be designed
and constructed according to generally accepted engineering principles
and design standards that have shown or will show a reasonable likelihood
of success, in controlling long-term erosion on the immediate site
for at least 30 years.
(r)
A long-term maintenance program must be included
with every application for an EPOD development permit for the construction,
modification or restoration of an erosion protection structure in
a designated Coastal Erosion Area Protection District. This program
must include specifications for normal maintenance of degradable materials
and the periodic replacement of removable materials.
(s)
All materials used in erosion protection structures
must be durable and capable of withstanding inundation, wave impacts,
weathering and other effects of storm conditions. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
(t)
The construction, modification or restoration
of erosion protection structures must not be likely to cause any measurable
increase in erosion at the development site or at other locations
and must minimize or, if possible, prevent adverse impacts on natural
protective features, existing erosion protection structures and natural
resources including significant fish and wildlife habitats.
(4)
The applicant for an EPOD development permit within
a designated Coastal Erosion Area Protection District shall have the
burden of demonstrating that the proposed regulated activity will
be conducted in accordance with the standards and requirements set
forth in this section.
