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 Brighton. The Town of Brighton's Master Plan identifies the use of overlay districts as a technique to protect and preserve unique environmental features based upon the following reasons:
A. 
Prevention of an irreversible loss in natural resources.
B. 
Enhancement of flood protection.
C. 
Maintenance and/or improvement of surface water quality.
D. 
Preservation of trees.
[Added 11-14-2001 by L.L. No. 8-2001[1]]
[1]
Editor's Note: This local law also redesignated former Subsections D through H as E through I, respectively.
E. 
Preservation of wildlife habitats.
F. 
Aesthetics.
G. 
Maintenance of soils and slope stability.
H. 
Maintenance of open space.
I. 
Control of impacts on existing development.
The regulations contained in each environmental protection overlay district (EPOD) are not intended to be substituted for primary zoning district provisions, but are superimposed over such provisions, and could result in additional requirements, such as, increased setbacks, reduced densities and changes to other bulk requirements to be met by the applicant or developer, prior to project approval. These additional requirements shall be based on a site visit and must be reasonably related to the protection of the environmental resource in question. 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.
Standards for development within floodplains are regulated by the Federal Emergency Management Agency (FEMA) as found in Chapter 211 of these regulations. However, the focus of these regulations are to prevent flood damage to live and property. There is an equally important consideration in protecting watercourses and floodplains as an important environmental resource.
[Amended 3-25-2009 by L.L. No.1-2009]
A. 
Development within any jurisdictional wetland(s) and/or regulated adjacent area(s) of the New York State Department of Environmental Conservation (DEC) and/or the United States Army Corps of Engineers shall not be permitted except if in compliance with applicable federal and state laws and regulations.
B. 
It is the obligation of each developer to determine if the project contains any state-designated or federally designated wetland. If a project contains a state-designated wetland, staff from the Department of Environmental Conservation must stake the wetland and regulated adjacent areas, as well as issue a permit for any development impacting these areas. If a project contains a federally designated wetland, a similar process must be followed, and a permit is issued from the Buffalo office of the United States Army Corps of Engineers.
In order to implement the purpose and intent listed in § 203-108 of this article, the Town of Brighton has been divided into the following environmental protection overlay districts:
A. 
EPOD (1) Steep Slopes Protection District.
B. 
EPOD (2) Woodlot Protection District.
C. 
EPOD (3) Watercourse and Floodplain Protection District.
D. 
EPOD (4) Waste Site Disposal District.
[Amended 11-14-2001 by L.L. No. 8-2001]
The locations and boundaries of all environmental protection overlay districts are delineated on an official set of maps on file in the Town Building and Planning Department. These maps are known as the "Official Town of Brighton EPOD Maps" and include the Environmental Atlas maps of the Town prepared by the Monroe County Environmental Management Council (EMC). The official Town of Brighton EPOD Maps shall be used for reference purposes only and shall not be used to delineate specific or exact boundaries of the various overlay districts. The Town has the authority to amend or add to these official EPOD maps as necessary. Field investigations and/or other environmental analyses shall be required in order to determine whether a particular piece of property is included within one or more of the overlay districts. It is the obligation of each developer to offer sufficient evidence to allow the Town reasonably to determine if all or any portion of the project lies within a Woodlot Protection District, and if the Commissioner determines that it is necessary, such developer shall also retain, at its expense, a professional arborist, approved by the Town, to make such determination.
A. 
The authorized official shall be responsible for interpreting environmental protection overlay district boundaries based on an interpretation of the Official Town of Brighton EPOD Maps, as well as the use of various criteria set forth in this article for determining such district boundaries. The authorized official may request the assistance of the Town Engineer or other appropriate department or agency in making such a determination.
B. 
Where EPOD districts overlay any primary zoning district delineated on the Official Zoning Map of the Town of Brighton, the requirements of the overlay district shall be met in addition to any requirements specified for development in the respective primary zoning district.
A. 
EPOD development permit. An EPOD development permit shall be required subject to the provisions of this section and prior to the commencement of any regulated activity or the issuance of any building permit for regulated development in a designated EPOD district.
B. 
Exempt activities. The following activities are exempt from the permit procedures of this section:
(1) 
Lawn care and maintenance.
(2) 
Gardening activities.
(3) 
Tree and shrub care and maintenance.
(4) 
Removal of dead or deteriorating vegetation.
(5) 
Removal of structures.
(6) 
Repair and maintenance of structures.
(7) 
Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
(8) 
Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size and use.
(9) 
Customary agricultural activities, except for new or expanded structures.
(10) 
Public health activities, orders and regulations of the New York State Department of Health, Monroe County Department of Health or other health-related agency.
(11) 
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 8 of the New York Public Service Law.
(12) 
Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property or natural resource values.
C. 
Emergency activities.
[Added 11-14-2001 by L.L. No. 8-2001[1]]
(1) 
Emergency activities are defined as those which are necessary for the preservation of life, health, property or natural resource values; and are undertaken under such circumstances as to make it impossible or impractical to obtain a permit. All emergency activities shall be done in a manner which results in the minimum disturbance necessary for such preservation.
(2) 
The disturbance(s) caused by the emergency activities are to be mitigated by the applicant to the satisfaction of the Planning Board. The mitigation measures are subject to all of the requirements of Article XIV hereof, including but not limited to the requirements of the permit process.
(3) 
The applicant or his/her agent shall notify the Commissioner of Public Works, by telephone, within 24 hours of the commencement of emergency activities. Within five business days after commencement of such emergency activities, the applicant or his/her agent shall submit an application for the mitigation measures, conforming to the requirements of this article; evidence that the applicant or his/her agent has notified all property owners whose lands will be crossed or used in the activities; and a narrative which establishes, to the satisfaction of the Planning Board or authorized official having jurisdiction over the matter, that the activity(ies) performed was in fact an emergency activity, as defined above.
(4) 
The application for the mitigation measures shall then be reviewed and approved, approved with conditions or disapproved by the Planning Board, pursuant to this article.
[1]
Editor's Note: This local law also redesignated former Subsections C through F as D through G, respectively.
D. 
Application for permit. Applications for EPOD development permits shall be made in writing to the Planning Board or authorized official having jurisdiction in the matter, on forms available in the Town Building and Planning Department. The application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Planning Board or authorized official or Town Engineer and shall be accompanied by a site plan map and other information as required for site plan approval as found in Chapter 217, Article III, of these regulations, including any additional information as required for a proposed activity located within an EPOD. Each application for an EPOD development permit shall be accompanied by the appropriate fee as determined by the Town Board. This fee shall be in addition to any other fees required.
E. 
Permit review.
(1) 
For projects requiring site plan approval according to Chapter 217, Article III, of these regulations or Planning Board subdivision approval in accordance with the Subdivision Regulations under Chapter 213 of these regulations, the authorized official shall refer a completed permit application to the Planning Board for a public hearing in accordance with the provisions of these regulations. The authorized official may refer all applications to other appropriate boards and agencies for their review and recommendations. Such boards or agencies shall have 30 days from the date of their receipt of a completed application in which to review such application and report their recommendations to the Planning Board or authorized official. Should such boards and agencies fail to report their recommendations within the thirty-day time period, then the authorized official or Planning Board may take action on the permit application without such report. Wherever possible, public hearings for EPOD permits will be simultaneously scheduled with public hearings required under site plan review, subdivision review or any SEQR-related actions for the same site.
[Amended 11-14-2007 by L.L. No. 12-2007]
(2) 
When an EPOD development permit application proposes any development activity or site improvements within areas identified in the Town's Official Open Space Index or in the Woodlot Protection District, then the application shall be referred to the Conservation Board and may, upon the request of the Planning Board, be referred to the Tree Council for review and recommendation regarding the following:
[Amended 11-14-2001 by L.L. No. 8-2001]
(a) 
Protection of environmentally sensitive areas.
(b) 
Open space/natural resource management.
(c) 
Protection of trees and wildlife habitat.
(d) 
Opportunities for public access.
(e) 
Creation of visual buffers and screens.
(3) 
The authorized official or the Planning Board shall have the authority to grant or deny an EPOD development permit, subject to the standards, criteria and other regulations contained in these regulations.
(4) 
Any development permit issued by the authorized official or the Planning Board in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the purpose and intent and the specific provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:
(a) 
The authorized official or the Town Engineer and/or other appropriate Town official shall have the right to inspect the project from time to time.
(b) 
The permit shall expire 12 months after the date it was issued.
[Amended 6-26-2002 by L.L. No. 4-2002]
(c) 
The permit holder shall notify the appropriate Town official of the date on which project construction is to begin, at least five days in advance of such date of construction.
F. 
Requirement for letter of credit or certified check.
(1) 
Following approval of an application for an EPOD development permit, and prior to the issuance of any building or other Town permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount to be reviewed by the Town Engineer, and sufficient to cover the costs of compliance, contingencies and inspection of the various specifications and conditions of the development permit. The purpose of the letter of credit or certified check shall be to ensure that all items, activities or structures specified in the plans approved by the authorized official or the Planning Board are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town of Brighton.
(2) 
The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the authorized official has certified that, based on a site inspection, all specifications, requirements and permit conditions have been completed and/or complied with, whereupon the letter of credit or certified check shall be released to the applicant. The authorized official, upon recommendation of the Town Engineer or other appropriate department or official, may deduct or withhold an amount from the letter of credit or certified check sufficient to cover the cost of noncompliance with any requirements, specification or permit condition and/or release the Town from any liability resulting from such noncompliance.
G. 
Suspension or revocation of permits. The authorized official may suspend a permit (temporarily) until such time as the Board having jurisdiction reviews the suspension. The Board having jurisdiction, upon recommendation of the authorized official, and after providing the permittee five days' written notice, 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. The authorized official shall, in writing, notify the applicant of his 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.
[Amended 11-14-2001 by L.L. No. 8-2001]
If a person fails to get an EPOD permit, and engages in activities which are regulated by these provisions, or if a person, having obtained such a permit, fails to comply with these provisions, that person shall be required to restore the resource to its original condition and/or be subjected to a penalty of up to 15 days in jail and a fine of $500 per violation. The provisions of and penalties under this § 203-116 shall not be exclusive of any penalties provided under any other provision of the Town Code. Each day this activity has gone unmitigated will constitute a separate violation.