Village of Skaneateles, NY Article VI Overzone Regulations

§ 225-18 Floodway Fringe FF-O Overzone.

A. General restrictions.

(1) The provisions of this article and Chapter 115, Flood Damage Prevention, incorporated herein by reference, shall apply in addition to any other zoning or building regulations applicable and shall take precedence over any other provisions of this chapter or any other local law, ordinance or code to the extent that the provisions of this article are inconsistent with such other provisions.

(2) No building permit involving new construction of or substantial improvements to a building or structure and no application for subdivision approval or other proposed new development and no new or replacement water supply system or sanitary sewage system which is permitted within the Village by any provision of this chapter shall be permitted within a Floodway-Fringe FF-O Overzone without a floodway permit having been issued pursuant to the provisions of this article.

B. Scope of floodway permit. The approval of a floodway permit as required in this Article VI shall be in addition to, and not in lieu of, any other approvals or permits that may be required by any provision of this chapter or any other ordinance, local code, rule or regulation of the Village.

C. Procedure for review and action on application for floodway permits.

(1) Review of building permits. All applications for building permits involving new construction of or substantial improvements to a building or structure in the Floodway Fringe FF-O Overzone shall be reviewed by the Code Enforcement Officer to determine whether the proposed building or structure will be reasonably safe from flooding and comply in all respects with said Chapter 115, Flood Damage Prevention.

(2) Review of subdivisions and new developments. All applications for subdivision approval and other proposals involving new development in the Floodway-Fringe FF-O Overzone shall be reviewed by the Code Enforcement Officer and the Planning Board to assure that all such proposals are consistent with the need to minimize flood damage and comply in all respects with said Chapter 115, Flood Damage Prevention.

(3) Review of water supply and sanitary sewage systems. The Planning Board and Code Enforcement Officer shall review all plans for new or replacement water supply systems or sanitary sewage systems to determine that such systems are designed, located and comply in all respects with said Chapter 115, Flood Damage Prevention.

(4) Review by Village Engineer and/or other consultant(s). The Code Enforcement Officer and/or Planning Board may refer any application for a floodway permit to the Village Engineer and/or other appropriate consultant(s) as he or it determines to be necessary.

(5) Fees. Applicant shall pay for all engineering costs incurred by the Village for the administration of this Article VI in relation to such application before receiving a final determination of such application.

§ 225-19 Skaneateles Creek SC-O Overzone.

A. Purpose. The Village places special value upon Skaneateles Creek as an environmental, scenic, and recreational resource and seeks to preserve this resource from development that would adversely affect its resource value and its potential use as a pedestrian trail corridor.

B. Boundaries. Until such time as the Village Board adopts a specific map identifying the SC-O Overzone, the boundaries of the SC-O Overzone shall be the same as those of the Floodway Fringe Overzone along Skaneateles Creek.

C. Property rights protection.

(1) Nothing in this § 225-19 shall give the Village or any other public entity the right to enter upon, use, or condemn any property in the Skaneateles Creek Overzone.

(2) Nothing in this section shall authorize the Village to require that land in the SC-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 drainageways.

(3) The Village may negotiate with landowners for the voluntary sale or donation of land or interests in land (including conservation easements) and may require that land be reserved from development in connection with any land use approval, consistent with the requirements of the Fifth and Fourteenth Amendments of the United States Constitution, the New York State Constitution, and other applicable laws.

D. Planning considerations.

(1) In considering an application for any form of development, including a zoning permit, the reviewing board or official shall take into consideration the importance of protecting the Skaneateles Creek corridor as a water resource, wildlife and plant habitat, scenic area, and potential trail corridor and may require the applicant to locate structures and take other necessary measures to protect these resources. Such measures may include requiring a cluster subdivision.

(2) In order to fulfill the purposes of this § 225-19, the Planning Board, Village Board, Zoning Board of Appeals, or Code Enforcement Officer may modify front yard, side yard, or rear yard (not stream) setbacks.

(3) Within the SC-O Overzone, the reviewing board shall designate "no-build areas" on all subdivision plats and site plans, showing areas unacceptable for site disturbance and construction. Within such no-build areas, site disturbance may occur only as needed for trails or as minimally necessary for construction of driveways, utilities, and other structures that cannot practically be located elsewhere. Fences shall not be located in a manner that would hamper the future creation of a trail corridor or easement through the SC-O Overzone. Fences should generally be located parallel to the Skaneateles Creek outside the SC-O Overzone.

E. Conditions and findings.

(1) Before granting approval of any subdivision, special permit, site plan, variance, or zoning amendment that includes land wholly or partially located within the SC-O Overzone, the reviewing board shall impose appropriate conditions and make a written finding that the proposed development has been designed in a manner that minimizes damage to the Skaneateles Creek corridor and that does not hamper future use of the SC-O Overzone for trail purposes.

(2) Such conditions may include a requirement that a conservation easement (as provided in § 225-36D) be granted by the applicant to protect all or a portion of the land within the SC-O Overzone. Such conditions shall not deprive the applicant of economically viable use of the property.

F. Effect of overzone overlap. Where the FF-O and SC-O Districts overlap, the provisions of §§ 225-18 and 225-19 shall each operate independently, and if there is any conflict, the more restrictive provisions shall apply.

§ 225-19.1 Skaneateles Lake Watershed SL-O Overzone.

[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.

§ 225-20 Skaneateles Lakeshore Development regulations.

[Added 12-13-2004 by L.L. No. 3-2004]

A. Purpose. The purpose of these lakeshore development regulations is to preserve and protect the historic character and aesthetic quality of the Skaneateles Lake shoreline area within the Village by controlling land uses that may adversely affect that character.

B. Boundaries. This section shall apply to all land within the Village of Skaneateles lying within 50 feet of the lake line.

C. Permit requirements.

(1) Any activity requiring a building permit pursuant to § 76-11 of the Municipal Code of the Village of Skaneateles proposed within 50 feet of the lake line, and any change of grade covering an area greater than 500 square feet proposed within 50 feet of the lake line, shall require a site plan approval from the Planning Board.

(2) No site plan approval and building permit shall be issued unless applicable permit requirements of the New York State Department of Environmental Conservation, the New York State Office of General Services, the United States Army Corps of Engineers, and the Watershed Rules and Regulations of the City of Syracuse (as they existed on September 1, 2004) have been satisfied.

D. Lakeshore setback zone. No structure shall be built or expanded within 50 feet of the lake line, except the following, subject to the restrictions and conditions in Subsection E below:

(1) Pump houses that do not exceed 50 square feet in floor area;

(2) Gazebos, patios and decks, which shall be considered structures for the purpose of calculating open space percentage;

(3) Stairways, seawalls, retaining walls and walkways, which shall be considered structures for the purpose of calculating open space percentage;

(4) Fences, to the extent granted a special use permit by the Zoning Board of Appeals;

(5) Storage buildings not exceeding 100 square feet in floor area;

(6) Boathouses and similar lakeshore accessory buildings, for which the portion on land shall be included in the calculation of open space percentage;

(7) Permanent docks, temporary docks and marine railways;

(8) Children's playground equipment not to exceed 100 square feet in overall play area; and

(9) Flagpoles.

E. Additional restrictions and conditions on exceptions in Subsection D(1) through (9) above:

(1) Minimum open space percentage. Open space within the Lakeshore Setback Zone shall be no less than 90%.

(2) Height. No structure, other than a boathouse or similar lakeshore accessory building located within 50 feet of the lake line, shall exceed 12 feet in height at the lowest horizontal eave line, measured from the average elevation of all finished grade elevations around the periphery of the building.

(3) No structure shall be permitted offshore other than a temporary or permanent dock or boathouse or similar lakeshore accessory building or a marine railway, and the stairs leading to such dock and/or building, The following general requirements, as well as the specific requirements in Subsection E(4) and (5) below, shall apply to all such offshore structures:

(a) No more than one boathouse and one permanent dock shall be permitted on any lot, except on a lot where a lakefront marina has been approved by special use permit;

(b) All offshore structures shall be constructed in a manner consistent with the governing side yard setback requirements. The location of the side lot line within the lake shall be determined by extending the property line into the lake on the same axis as it runs onshore, or at a right angle to the lake line, whichever results in the greater setback;

(c) All offshore structures shall be constructed or placed in a manner that will not interfere with normal navigation or access to adjacent land or docks; and

(d) All offshore structures shall be constructed to withstand the forces of flowing water, wave washes and ice.

(4) Boathouses and similar lakeshore accessory buildings.

(a) There are approximately a half dozen historic late 19th and early 20th Century one- and two-story boathouses and similar lakeshore accessory buildings remaining in the Village. These historic structures are a defining feature of the Skaneateles Lake shoreline. New boathouses and similar lakeshore accessory buildings shall be designed and constructed in a manner consistent with these traditional forms. Exterior siding materials shall be limited to wood or Hardiplank or similar cement composite clapboard and trim, wood shingles, and native stone. Historically accurate vertical forms such as spires, turrets, cupolas and multigabled roof features are encouraged. The foundation area of such structures shall not exceed 850 square feet. No new boathouse or similar lakeshore accessory building may be constructed on a lot that has less than 100 feet of lake frontage. All proposed boathouse and similar lakeshore accessory building designs shall be reviewed and approved by the Planning Board or its designee as part of its site plan approval.

(b) No boathouse or similar lakeshore accessory building shall be used for residential purposes. No such structure shall be constructed or located in a manner that will substantially obstruct the view of the lake from an adjacent dwelling.

(5) Docks. No permanent dock shall extend offshore more than 40 feet from the lake line, except when water levels are low, a temporary dock may be attached to a permanent dock to extend no more than a total of 100 feet from the lake line or 40 feet from the water's edge, whichever is less. The maximum surface area of a permanent dock shall be 600 square feet, including any walkway, but excluding any portion of the structure which extends inland from the lake line. No structure shall be constructed on a dock.

F. Lake Rights. No encumbrance, by easement, or right-of-way for ingress and egress, to the lakeshore is permitted in the lakeshore setback zone except for public or private utility.