[Added 5-13-1996 by L.L. No. 3-1996;
amended 10-15-2008 by L.L. No. 2-2008]
All ponds, including farm ponds and recreational ponds as defined in §
127-5 of the Town of Wilson Code, hereinafter erected within the Town of Wilson shall conform to the following specifications and regulations:
A. They shall have minimum size of 10,000 square feet.
B. They shall be constructed on a lot a minimum of seven
acres in size.
C. They shall be located at a minimum distance of 200
feet from a public right-of-way and a minimum distance of 100 feet
from adjoining property lines, side and rear, by an owner(s) other
than an applicant.
D. They shall have a minimum depth of 10 feet.
E. They shall be considered a structure so that the percentage of land in use will be in conformity with §
127-10C of the Town of Wilson Code and the Zoning Schedule referred to therein. A compliance permit from the Building Inspector shall be required.
F. They shall have a finished slope of one foot vertical
to four feet horizontal on all sides from the edge of water to a point
12 feet out from said edge.
G. They shall have a finished slope of one foot vertical
to three feet horizontal on all sides that exceed 12 feet out from
the edge of water.
H. All soil excavated as a result of pond construction
shall be retained on the premises for grading, finished seeding, sodding
or other landscaping purposes.
I. A recommendation on the site and plan shall be required
from the Niagara County Soil and Water Conservation District prior
to approval by the Zoning Board of Appeals.
J. A rescue device consisting of a throw ring, stanchion,
and a minimum of 100 feet of rope shall be required. An aeration device
is recommended.
K. A maintenance plan shall be submitted with the pond
application and approved by the Zoning Board of Appeals.
L. The Town Building Inspector or Deputy Building Inspector
shall enforce all regulations and requirements as propounded by the
Zoning Board of Appeals.
M. Ponds may be permitted in any district referred to in the Zoning Law of the Town of Wilson Code, Chapter
127. This section shall supersede any section contrary or inconsistent therewith.
N. The Zoning Board of Appeals shall so consider and
determine whether the proposed pond location will have an adverse
effect on neighboring property or residents. It shall have the power
in determining an appeal to consider that exceptional physical conditions
connected with a particular site create practical difficulties or
unnecessary hardships to strict compliance with any part of this section,
which would deprive the landowner of the reasonable use of the land
involved, so it may vary or modify the application of this section
for construction of the pond.