The purpose of the Watercourse and Floodplain
Protection District is to provide special controls to guide land development
within the major waterway corridors in the Town of Brighton. The district
encourages planning and development of land which will protect and
preserve sensitive environmental areas; prevent soil erosion, sedimentation
and slope failure due to removal of vegetation, dredging, filling,
damming or channelization; prevent degradation or loss of scenic views
and the natural character of the area; and prevent activities which
degrade water quality.
[Amended 7-26-2000 by L.L. No. 6-2000]
The boundaries of the Watercourse Protection
District shall be delineated on the Official Town of Brighton EPOD
maps and shall include the following areas: West Branch of Allens
Creek, Crittenden Creek, Allens Creek, Irondequoit Creek, Buckland
Creek, Red Creek, the Genesee River and the New York State Erie Canal;
for a distance of 100 feet from each bank or to the landward boundary
of special flood hazard, whichever is greater.
No persons shall conduct any of the following
regulated activities unless such person has first applied for and
obtained an EPOD development permit pursuant to the requirements of
this section. Customary agricultural operations are not required to
obtain an EPOD development permit.
A.
Construction of new buildings or structures or additions
to or modifications of existing buildings or structures.
B.
Construction or placement of any on-site sewage disposal
system, including individual sewage disposal systems.
C.
Filling, cutting or excavation, either on land or
within a watercourse or floodplain.
D.
Removal of natural vegetation.
E.
Discharge of stormwater and/or construction of a private
commercial or municipal stormwater runoff system.
F.
Outside storage of materials and equipment used in
the conduct of a business.
G.
Activities which would alter the natural flow pattern
of any of the aforementioned creeks.
H.
Construction of public or private roads, trails and
bridges.
I.
Boat launching sites and fishing access parking areas.
In granting, denying or conditioning any application
for an EPOD development permit, the authorized official or the Planning
Board shall consider the effect that the proposed regulated activity
will have on the public health, safety and welfare and the protection
and of major watercourses within the Town.
A.
General regulations. Any applicant for a permit to
undertake a regulated activity within a Watercourse and Floodplain
Protection District shall be required to adequately demonstrate that
the proposed activity will in no way at present or at any time in
the future, adversely affect the following:
B.
Specific standards. No permit to undertake a regulated
activity within the district shall be issued by the Planning Board
unless it determines that the proposed project complies with the following
standards:
(1)
The proposed activity provides adequate measures to
prevent disruption and pollution of fish and wildlife habitats and
freshwater wetlands, stormwater runoff, septic and sewage systems
and any other activity on the site.
(2)
A natural vegetative buffer of 100 feet from each
bank shall be retained adjacent to the watercourses to absorb floodwaters,
to trap sediments, to protect adjacent fish and wildlife habitats
and to protect scenic qualities.
(3)
Site preparation, including stripping of vegetative
cover or grading, shall be undertaken so that the amount of time that
disturbed ground surfaces are exposed to the energy of rainfall and
runoff water is limited. Disturbed soils shall be stabilized and revegetated
before construction can begin. During the interim, erosion protection
measures, including but not limited to vegetation, retention ponds,
recharge basins, berming, silt traps and mulching, shall be used to
ensure that sedimentation is minimized and mitigated.
(4)
The project shall provide adequate measures to protect
surface and ground waters from direct or indirect pollution and from
overuse.
(5)
Fill shall not encroach on natural watercourses, constructed
channels or floodway areas. All fill shall be compacted at a final
angle of repose which provides stability for the material, minimizes
erosion and prevents settlement.
(6)
Roads, trails and walking paths along water bodies
shall be sited and constructed so they are not a source of runoff
and sedimentation. Such roads, trails and walking paths shall be constructed
and sited in such a manner as to maximize the visual opportunities
of a water body while maintaining the scenic qualities of the water
body.
(7)
No new dock, boat launching site or fishing access
and parking area shall be constructed unless it is shown that it will
not impede the natural flow of the streams to which this section applies
and will be located and constructed so as to minimize its intrusion
into the streams and avoid adverse environmental impact and unreasonable
impacts upon public use of the waters.
(8)
New structures, except for fences, bridges and fishing
access parking areas, shall not be constructed within 25 feet of the
bank of the stream.
(9)
New structures shall be designed and constructed in
accordance with erosion control standards and stormwater control standards
contained in the Best Management Practices for Stormwater Runoff Management
and Stormwater Management Guidelines for New Development, as found
in Chapter 6 of the New York State Department of Environmental Conservation's
Stream Corridor Management Manual.
