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.
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:
[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]
(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.
