[HISTORY: Adopted by the Town Board of the
Town of Cazenovia 3-5-1990 by L.L. No. 2-1990. Amendments noted where
applicable.]
This chapter shall be titled "Local Law No.
2-1990 Regulating Land Disturbances in the Town of Cazenovia, New
York."
The purpose of this chapter is to:
A.
Conserve the character of Cazenovia, to promote the
purposes of the Cazenovia Land Use Guide and to protect the health,
safety and welfare of its citizens;
B.
Protect critical environmental areas and vulnerable
areas mapped in the Cazenovia Land Use Guide;
C.
Preserve the water quality of prime community water
resources, including Cazenovia Lake, watercourses and feeder streams,
wetlands, saturated soils and aquifer recharge areas;
D.
Minimize flooding, erosion and sedimentation from
land disturbance activities and to protect downhill and/or downstream
properties;
E.
Ensure that the volume and rate of stormwater runoff
from a given site shall not be significantly different than existed
prior to the development;
F.
Minimize aesthetic devaluation of neighboring properties
during, and as a result of, land disturbance activities;
G.
Establish specific control standards and practices
during construction phases of development when land is most vulnerable
to erosion; and
H.
Minimize the amount of pollutants introduced into
the stormwater runoff negatively affecting community water resources.
I.
Ensure compliance, as applicable, with the most recent version of
the Cazenovia Lakefront Development Guidelines, as last amended and
adopted by the Town Board of the Town of Cazenovia.
[Added 2-12-2018 by L.L.
No. 1-2018]
The following definitions shall apply to this
chapter:
The value of a property derived from such intangible factors
as its inherent attractiveness, its access to attractive views or
its general appeal to the sense of beauty.
Those areas designated by the Town of Cazenovia as critical
environmental areas pursuant to 6 NYCRR 617.4.
Special areas with saturated soils which have been mapped
by the New York State Department of Environmental Conservation (DEC)
or the United States Army Corps of Engineers.
Standards and specifications for erosion and sediment control
measures which include temporary and permanent structural measures
as contained in the New York State Guidelines for Urban Erosion and
Sediment Control and the New York State Stormwater Design Manual,
most current editions.
[Amended 4-11-2011 by L.L. No. 1-2011]
Those areas designated by the Federal Emergency Management
Agency as flood hazard areas.
A stream or portion of a stream that flows only in direct
response to precipitation. It receives little or no water from springs
and no long-term continued supply from melting snow or other sources.
It is dry for a large part of the year, ordinarily more than three
months.
The stripping of vegetation and/or topsoil, or surface grading
which changes the existing natural slope by 5% or more, excavation,
filling, mining and/or any other activity causing the addition and/or
displacement of soils by mechanical means.
Any movement of earth by a motorized device of any kind,
except that "motorized device" shall not include devices such as garden
or lawn tractors, post-hole diggers, and similar devices which have
as their primary purpose residential use.
Natural soils such as sand, loam, clay, etc.
Natural stone such as slate, sandstone, granite,
marble or any other igneous, metamorphic or sedimentary rocks.
Hard, nonbiodegradable, nonhazardous man-made
material whose individual components, pieces or parts do not exceed
one cubic foot in volume (i.e., no bathtubs, boilers, tree trunks,
stumps, etc., unless broken down into pieces not to exceed one cubic
foot).
The amount of precipitation on a drainage area that does
not escape as runoff. It is the difference between total precipitation
and total runoff.
Soil types identified and defined in the Madison County Soil
Survey as:
|
Alluvial (Al)
|
Fredon (Fr)
|
|
Canandaigua (Cd)
|
Halsey (Ha)
|
|
Carlisle Muck (Ce)
|
Lyons (Ly)
|
|
Fonda Muck Silt Loam (Fo)
|
Palm's Muck (Pb)
|
|
Wayland (Wa)
|
Practices which result in runoff water safely conveyed or temporarily stored and released to minimize erosion, sedimentation and flooding. See stormwater management standards in § 107-4.
Removing the vegetative cover or topsoil from land.
Natural or man-made streams and natural or man-made drainage
channels, but not including intermittent streams.
[Amended 4-11-2011 by L.L. No. 1-2011]
Except as provided herein, no land disturbance by mechanical means is permitted within the Township of Cazenovia without a permit. The provisions of this chapter shall not be construed as limiting the normal use of land for the agricultural, horticultural or gardening purposes defined in § 107-5. Disturbance of one acre or more of a single lot or multiple lots may require a permit and/or approval pursuant to Chapter 140.
The following categories of land disturbances
are exempt from the provisions of this chapter:
A.
Normal agricultural activities relating to cultivation,
planting of crops and/or harvesting inherent in farming, gardening
or similar agricultural or horticultural activities which are otherwise
permitted in any zoning district. Land disturbances related to residential
or commercial landscaping are not exempt from the provisions of this
chapter.
B.
Specific agricultural land improvement activities
carried out in conformance with a farm plan approved by the Madison
County Soil and Water Conservation District. Such a plan must be filed
with the Code Enforcement Officer but no fee will be required.
[Amended 12-8-2003 by L.L. No. 2-2003]
C.
Emergency land disturbances required to protect the
health, safety and welfare.
[Amended 12-8-2003 by L.L. No. 2-2003]
A.
Any land disturbance activity defined herein which
does not qualify for an exemption shall require a land disturbance
permit issued by the Code Enforcement Officer. Land disturbance permit
fees shall be established from time to time by the Town Board of the
Town of Cazenovia.
B.
Applications for a land disturbance permit shall be
made in writing on forms available from the Code Enforcement Officer.
C.
Wherever the following conditions exist, grading plans
showing existing and proposed contours at two-foot intervals, existing
trees six inches or more in diameter measured at breast height (dbh),
proposed revegetation and drainage will be required:
(1)
Proposed land disturbance on slopes 8% or greater
which are mapped as C, D, E and F slopes in the Madison County Soil
Survey;
(2)
Proposed land disturbance within 25 feet of a property
line;
(3)
Proposed land disturbance within 50 feet of the mean
high-water line of a watercourse;
(4)
Proposed land disturbance where the change in elevation
(cut or fill) will be 12 inches or more;
(5)
Proposed land disturbance relating to driveways or
private roads entering directly into public roads;
(6)
Proposed land disturbances in commercial and industrial
zones;
(7)
Proposed land disturbance within 100 feet of the mean
high-water line of Cazenovia Lake; and
(8)
Proposed land disturbance which the Code Enforcement
Officer finds may be inconsistent with the health, safety or welfare
or the purposes of this chapter.
D.
Grading plans shall show the entire area to be affected
by the land disturbance and shall show the relationship of proposed
grades to existing grades.
E.
The Code Enforcement Officer or, if applicable, the
Planning Board may request actual surveyed contours, instead of using
geodetic contours, whenever circumstances warrant greater accuracy,
such as on steep slopes, along watercourses, etc.
F.
No land disturbance permit shall be issued within
designated wetlands, saturated soils, floodplains or steep slopes
of 15% or greater (D, E or F slopes) without approval of the Planning
Board and, if applicable, the approval of the New York Department
of Environmental Conservation (DEC) or the Madison County Soil and
Water Conservation District.
G.
No land disturbance permit shall be issued unless stormwater management, erosion and sediment controls as set forth in Chapter 140, where applicable, and in § 107-7 hereinafter are met by the applicant. Depending on site conditions, applicants may need the Army Corps of Engineers’ approval, where appropriate.
[Amended 5-12-2008 by L.L. No. 3-2008; 4-11-2011 by L.L. No.
1-2011]
H.
No land disturbance shall involve the use of any fill material other than permitted fill material as defined in § 107-2.
I.
No certificate of occupancy shall be issued for any
structure or for any structure owned by a person who violates this
chapter within a subdivision if any land disturbance has occurred
relative to the structure or the subdivision which is not in compliance
with this chapter.
J.
Land disturbances relating to a proposed or approved
subdivision shall be in conformance with this chapter and with any
plans approved by the Planning Board. All such land disturbances shall
be referred to the Planning Board for approval prior to the issuance
of a land disturbance permit.
K.
A land disturbance permit shall terminate 12 months
from issuance unless otherwise extended by the Code Enforcement Officer
or the Planning Board.
L.
No land disturbance permit shall be issued in an area
of a known human burial ground until the applicant contacts the proper
state or federal authorities. In the event of a risk of interference
with a known site the Code Enforcement Officer, after consultation
with the appropriate authorities, may impose conditions on the land
disturbance permit which will minimize the risk of injury. Any person
who discovers such a burial ground during a land disturbance shall
cease all land disturbance activities, report the discovery to the
appropriate authorities and not proceed with the land disturbance
until the appropriate agency consents.
M.
Compliance with the Cazenovia Lakefront Development Guidelines. Where
applicable, no land disturbance permit shall be issued for any parcel
located adjacent to Cazenovia Lake without demonstration that said
activity is compliant with the most recent version of the Cazenovia
Lakefront Development Guidelines, as last amended and adopted by the
Town of Cazenovia Town Board.
[Added 2-12-2018 by L.L.
No. 1-2018]
Erosion and sedimentation resulting from land
disturbance activities and/or extended periods of construction are
not permitted.
A.
No land disturbance permit shall be issued unless
appropriate stormwater management standards are incorporated therein
by the applicant pursuant to the following standards which will ensure
that the land disturbance shall be managed in such a way that there
shall be no:
B.
Land disturbance permits may be referred to the Cazenovia
Advisory Conservation Commission or the Madison County Soil and Water
Conservation District for recommendation if any of the following conditions
may result:
(1)
A possible delay of three months or more in revegetating
stripped land;
(2)
Land disturbance within 25 feet of a natural drainage
channel, feeder stream or waterway;
(3)
Land disturbance on slopes of 15% or greater (D, E
or F slopes);
(4)
Land disturbance in connection with the installation
of sewer, water or utility extensions;
(5)
Land disturbance within 100 feet of Cazenovia Lake;
and
(6)
Any other land disturbance which the Code Enforcement
Officer finds may require further review or recommendation in order
to further the purposes of this chapter.
[Amended 12-8-2003 by L.L. No. 2-2003]
[Added 6-14-2004 by L.L. No. 2-2004; 2-9-2009 by L.L. No.
3-2009; 4-11-2011 by L.L. No. 1-2011]
A.
The Planning Board shall have site plan approval review on any property
being developed in the Lake Watershed and Riparian Corridor Zone.
In conjunction with such site plan approval review, the Planning Board
may conduct a public hearing on the site plan. In the event that the
Planning Board conducts a public hearing, such hearing shall be held
within 62 days of the receipt of a complete application for site plan
approval review and shall be advertised in the Town's official
newspaper or, if there is none, in a newspaper of general circulation
in the Town at least five days before the public hearing.
B.
IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
RIPARIAN BUFFER
RIPARIAN CORRIDOR
SEMI-PERVIOUS SURFACE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any surface which adsorbs less than approximately 50% of
stormwater which falls on it or cross it. The following surfaces are
considered impervious by the Town of Cazenovia:
Concrete pavements, regardless of the amount of porosity or
perviousness of the concrete.
Asphalt pavements, regardless of the amount of porosity or perviousness
of the asphalt.
Driveways made with paving blocks, regardless of the porosity
or perviousness of the blocks or the spacing of the joints between
blocks.
Gravel and crushed stone.
Oil and stone pavements.
Rock outcroppings.
Roofs and gutters.
Pools with less than 4.5 inches of freeboard.
Hot tubs.
Patios and walkways made with bricks, pavers or flagstones,
regardless of the porosity or perviousness of the materials or the
amount of space between joints.
Wooden decks with tight joints such as ship lap or tongue and
groove.
Other surfaces which adsorb less than 50% of stormwater falling
into or crossing the surface at any time during the lifespan of the
material, based on the judgment of the Town Engineer.
An area of trees, shrubs or other appropriate vegetation
located adjacent to and up gradient from water bodies.
Within 500 feet of creeks, streams or lakes.
Any man-made or nonnatural (including newly introduced materials)
surface which adsorbs more than approximately 50% of the stormwater
which falls on it or crosses it. Semi-pervious surfaces shall be considered
50% impervious for the purpose of calculating the total impervious
cover of a site. The following surfaces are considered semi-pervious
by the Town of Cazenovia:
Wooden decks with loose joints of at least 1/8 inch.
Other man-made or nonnatural (including newly introduced materials)
surfaces which adsorb more than 50% of the stormwater falling onto
or crossing the surface at any time during the lifespan of the material,
based on the judgment of the Town Engineer.
C.
Impervious surface regulations in the Lake Watershed and Riparian
Corridor Zone.
(1)
Purpose. To limit for future development the amount of impervious
surface in the Lake Watershed and Riparian Corridor Zone. In the Lake
Watershed and Riparian Corridor, the maximum impervious surface allowable
shall be l0% of the total size of the property area subject to improvement.
In nonriparian corridor areas within the Lake Watershed and Riparian
Corridor Zone, the maximum impervious surface shall be 20% of the
total size of the property area subject to improvement.
(2)
Graduated system of allowable percentages of impervious surfaces
in the watershed. The following zones within the Cazenovia Lake Watershed
and Riparian Corridor shall have the stated maximum allowable percentage
of impervious surfaces:
(a)
In the zone from the first 20 feet inland from the lake edge,
the maximum impervious surface permitted shall be 5% (basically access
to the lake by way of an impervious path or walk).
(b)
In the zone from 20 to 100 feet from the lake edge, the maximum
impervious surface permitted shall be up to 10%.
(c)
In the zone from 100 to 500 feet from the lake edge, the maximum
impervious surface permitted shall be up to 15%.
(d)
In the zone making up the remainder of the watershed, the maximum
allowable impervious surface shall be up to 20%.
(3)
Percentages shall be calculated within each zone. An aggregate amount
or average shall not be permitted.
(4)
In the zone comprised of the area of 25 feet on both sides of
the center line of the Cazenovia lake tributaries, only riparian vegetation
shall be permitted. The only impervious surface permitted in this
zone is that surface necessary to cross the tributary. The maximum
impervious surface permitted in this zone shall be 5%.
D.
Policy for riparian buffers: Cazenovia Lake Watershed and Riparian
Corridor.
(1)
Purpose. The Town of Cazenovia, recognizing the importance of
the Lake Watershed and Riparian Corridor to water quality and habitat,
has adopted a policy directed at protecting and maintaining vegetation
along shorelines, by establishing Riparian Buffers adjacent to streams
in the Town of Cazenovia and the shoreline of Cazenovia Lake (called
Riparian Buffers) that provide numerous environmental protection and
resource management benefits, which include the following.
(a)
Restoration and maintenance of the chemical, physical and biological
integrity of the water resources.
(b)
To remove pollutants delivered in stormwater runoff.
(c)
To reduce erosion and control sedimentation.
(d)
To stabilize streambanks.
(e)
To provide infiltration of stormwater runoff.
(f)
To maintain the base flow of streams.
(g)
To contribute organic matter to the aquatic ecosystem.
(h)
To provide tree canopy to shade streams and to promote desirable
aquatic organisms.
(i)
To provide riparian wildlife habitat.
(j)
To furnishing scenic value and recreational opportunities.
(2)
All proposed actions that disturb vegetation shall be subject
to review and approval by the Town Planning Board.
(a)
The following practices and activities are prohibited within
the Critical Environmental Area adjacent to Cazenovia Lake, except
after approval by the Planning Board.
[1]
Clearing any existing vegetation.
[2]
Soil disturbance by grading, stripping, or other practices.
[3]
Filling or dumping.
[4]
Drainage by ditching, underdrains, or other systems.
[5]
Use, storage, or application of pesticides, except for the spot
spraying of noxious weeds or nonnative species consistent with permits
issued by NYSDEC.
[6]
Housing, grazing, or other maintenance of livestock.
[7]
Storage or operation of motorized vehicles, except for emergency
use.
(b)
Notwithstanding anything to the contrary in this section, for
those above-described and listed activities occurring outside of the
Critical Environmental Area but within the Lake Watershed and Riparian
Corridor Zone, the Code Enforcement Officer may grant a permit for
such practice and activities upon a showing of no harm to the areas
sought to be protected. However, at any time, the Code Enforcement
Officer may refer the matter to the Cazenovia Advisory Conservation
Commission for review or comment or the Code Enforcement Officer may
refer the matter to the Planning Board for a full site plan review.
(3)
Required submittals.
(a)
Applicants are required to submit the plans and documents as
part of the review. The plan shall set forth an informative, conceptual
and schematic representation of the proposed activity by means of
maps, graphs, charts or other written or drawn documents so as to
enable the Planning Board to make a reasonably informed decision regarding
the proposed activity.
(b)
The plan shall contain the following information:
[1]
A location or vicinity map.
[2]
Field delineated and surveyed streams, springs, seeps, bodies
of water, and wetlands (include a minimum of 200 feet into adjacent
properties).
[3]
Field delineated and surveyed forest buffers.
[4]
Limits of the one-hundred-year floodplain.
[5]
Hydric soils mapped in accordance with the NRCS soil survey
of the site area.
[6]
Steep slopes greater than 15% for areas adjacent to and within
200 feet of streams, wetlands, or other water bodies.
[7]
A narrative of the species and distribution of existing vegetation
within the buffer.
[Amended 12-8-2003 by L.L. No. 2-2003]
The Code Enforcement Officer may conduct announced
or unannounced inspections at any stage of the activity to ensure
compliance with this chapter. The Code Enforcement Officer may also
require the applicant to submit periodic reports, and the applicant
shall give the Code Enforcement Officer reasonable notice of the dates
of the proposed land disturbance.
A.
Any person or entity that is responsible for or authorizes
or engages in a land disturbance in violation of this chapter shall
be guilty of an offense punishable by a penalty of not more than $250
or imprisonment for not more than 15 days, or both. Each day the offense
continues shall be a separate violation. In the event of such a violation,
all land disturbance activities shall cease except corrective or remedial
activities approved by the Code Enforcement Officer.
[Amended 12-8-2003 by L.L. No. 2-2003]
B.
An action or proceeding in the name of the Town of
Cazenovia may be commenced in any court of competent jurisdiction
to compel compliance with or restrain a violation of this chapter.
C.
No land disturbance permit shall be issued without
Planning Board approval if a land disturbance has been initiated prior
to the issuance of a permit.
[Amended 12-8-2003 by L.L. No. 2-2003; 4-11-2011 by L.L. No.
1-2011]
In the event that the Code Enforcement Officer
determines that there may be an adverse environmental impact under
stormwater management standards, CEAs, erosion control guidelines,
the Land Use Guide or to adjacent property, then the land disturbance
permit application shall be forwarded to the Cazenovia Advisory Conservation
Commission for comment and shall also be filed with the Cazenovia
Town Planning Board for review and approval.
[Amended 12-8-2003 by L.L. No. 2-2003; 4-11-2011 by L.L. No.
1-2011]
The Code Enforcement Officer or the Planning Board may require
that the applicant for a land disturbance permit post a performance
bond, in an amount reasonably determined by the Town, as a condition
of a permit before a land disturbance may commence.
[Added 6-11-1990 by L.L. No. 3-1990]
The provisions of this chapter shall not apply
to land disturbance conducted pursuant to a valid New York State mined
land reclamation permit issued prior to the effective date of this
section. The provisions of this chapter shall apply to land disturbances
outside the scope of any such permit and to any land disturbances
conducted pursuant to a permit issued after the effective date of
this section.
