Town of Parma, NY
Monroe County
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Table of Contents
Table of Contents
The purpose of the Environmental Protection Overlay Districts established in this article is to assist the Town in meeting its obligations to comply with the provisions of the State Environmental Quality Review (SEQR) regulations and to ensure that adequate consideration is given to potential development impacts in sensitive environmental areas within the Town of Parma. The Town's Comprehensive 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 wildlife habitats.
E. 
Aesthetics.
F. 
Maintenance of soils and slope stability.
G. 
Maintenance of open space.
H. 
Control of impacts on existing development.
The regulations contained in each EPOD are not intended to be substituted for primary zoning district provisions, but are superimposed over such provisions, and should be considered as additional requirements to be met prior to project approval. These additional requirements shall be based on sound management practices and must be reasonably related to the protection of the natural 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 or near sensitive or unique environmental areas.
In order to implement the purpose and intent of § 165-42 of this article, the Town of Parma has been divided into the following EPOD's:
A. 
EPOD (1) Large Wetland Protection District.
B. 
EPOD (2) Small Wetland Protection District.
C. 
EPOD (3) Floodplain Protection District.
D. 
EPOD (4) Stream Corridor Protection District.
E. 
EPOD (5) Woodlot Protection District.
F. 
EPOD (6) Lakefront Coastal Erosion Hazard District.
The locations and boundaries of EPOD's (1) through (6) are delineated on maps on file in the Town Building Department. Collectively these maps are known as the "Town of Parma EPOD Maps" and include the Environmental Atlas maps of the Town prepared by the Monroe County Environmental Management Council (EMC). The Town of Parma EPOD Maps shall be used only for reference purposes. An on-site visit shall be made to determine specific or exact boundaries of the various overlay districts. Additional investigations and/or other environmental analyses may be required in order to determine whether a specific parcel of land is included within one or more of the overlay districts and to locate the boundary on the property. Temporary flagging of boundaries in the field may be required during the review of applications, and permanent staking may be required as a condition of permit approval.
A. 
The Code Enforcement Officer (CEO) shall be responsible for interpreting environmental protection overlay district boundaries based on an interpretation of the Town of Parma EPOD Maps, as well as the use of other criteria set forth in this article for determining such district boundaries. The CEO may request the assistance of the Town Engineer, the developer's engineer, Town Conservation Board or other appropriate department or agency in making such a determination.
B. 
The requirements of the overlay district shall be met in addition to any requirements specified for development in the respective primary zoning district.
C. 
Appeals from determinations of district boundaries shall be handled in the same manner as other administrative determinations under this chapter.
A. 
General applicability. An EPOD development authorization 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) 
Noncommercial gardening activities.
(3) 
Tree and shrub care and maintenance.
(4) 
Removal of dead or deteriorating vegetation, except when associated with development, or to prepare land for development.
(5) 
Removal of structures smaller than 100 square feet in area.
(6) 
Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
(7) 
Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size, and at the same location.
(8) 
Customary agricultural activities, except for new or expanded structures.
(9) 
Public health activities, orders and regulations of the New York State Department of Health, Monroe County Department of Health or other related agency.
(10) 
Installing utility service from an existing distribution facility to a structure, where no major modifications or construction is necessary.
(11) 
Drilling a water well to serve a single residence.
(12) 
Construction associated with stormwater discharge if regulated under the Town of Parma Drainage Regulations.
(13) 
Dredging less than 500 cubic yards to maintain an existing navigation channel.
(14) 
Installing a dock, pier, wharf or other structures built on floats or open-work supports, and having a top surface area of less than 200 square feet, when authorized by the Department of Environmental Conservation (DEC).
(15) 
Any activity associated with normal, outdoor recreational activity.
C. 
Approvals required. Development within EPOD's may be authorized by the Planning Board concurrently with approvals for development for which the Board has jurisdiction. Approvals for other regulated activities shall be obtained from the CEO.
D. 
Application procedures.
(1) 
Applications for EPOD development approval shall be made in writing to the CEO on forms available in the Town Building Department.
(2) 
Application instructions shall be provided to applicants. Application instructions shall include submittal requirements, fees, procedures and approval criteria.
(3) 
The application shall be made by the property owner or his/her agent and shall be accompanied by the materials and fees specified.
(4) 
For projects to be reviewed by the Planning Board, the applicant shall submit the following to the CEO:
(a) 
For concept stage drawings, boundaries may be transcribed from the Official EPOD Maps.
(b) 
For preliminary stage drawings, the applicant shall also show a more precise location of the boundary, as observed on the property. A note shall be provided indicating the person making the observation, and the date.
(c) 
For final stage drawings, the plan sheets shall show boundaries approved by regulatory agencies where applicable, or otherwise by the CEO.
(d) 
Engineering plans, construction notes and development restrictions detailing methods to be used to protect EPOD areas and/or to mitigate EPOD impacts shall be provided on or with preliminary and final stage submittals.
(5) 
For activities not subject to Planning Board review, the applicant shall submit the following to the CEO:
(a) 
A statement indicating the types of activities proposed on the property and within the EPOD boundaries.
(b) 
A sketch showing the locations and dimensions of proposed activities and construction, locations and dimensions of existing structures, and natural features and vegetation on the property.
(c) 
Boundaries of all EPOD's transcribed from the Official EPOD Maps, and more precise boundary locations identified from observation at the site, with notes identifying each.
(d) 
Narrative and plans showing how the EPOD's will be protected and/or impacts mitigated.
E. 
Fees. Fees shall be determined by the Town Board. This fee shall be in addition to any other fees required.
F. 
Review procedures.
(1) 
Whenever possible, the review of activities within EPOD's shall be performed concurrently with other required approvals.
(2) 
Each application shall be referred to the Conservation Board for its review. The recommendations of the Conservation Board shall be considered advisory to the Planning Board or the CEO.
(3) 
The application may be referred to other appropriate boards and agencies for their review and recommendations. Such boards or agencies shall have 30 days from the date of receipt of a completed application in which to report their recommendations. For projects to be reviewed by the Planning Board, the timeline for review shall be consistent with other project review timelines prescribed elsewhere in Town Law. Failure for a board or agency to respond within these timeframes shall not be cause to postpone consideration of the application.
(4) 
The CEO or the Planning Board shall have the authority to grant or deny an EPOD development application, subject to the standards, criteria and other factors contained in this article.
G. 
Public notice.
(1) 
Public notification of and public hearings for an application to conduct a regulated activity within an EPOD shall only be required when associated with an activity otherwise requiring public notification or hearing.
(2) 
Wherever possible, public hearings for EPOD authorization shall be scheduled simultaneously with public hearings required under site plan review, subdivision review or any actions required to comply with the State Environmental Quality Review Act for the proposed action.
H. 
Evaluation criteria.
(1) 
The following criteria shall be used to determine whether a regulated activity should be permitted, not permitted or permitted with conditions:
(a) 
The activity is compatible with the preservation, protection and conservation of the environmentally sensitive area.
(b) 
The activity will result in no more than insubstantial degradation to, or loss of, any part of the environmentally sensitive area.
(c) 
The activity is compatible with the public health and welfare.
(d) 
The activity conforms with additional standards and criteria of the individual EPOD, as noted elsewhere in this article.
(2) 
For activities and impacts for which compatibility with the above cannot be demonstrated, the applicant may submit a mitigation plan, which demonstrates that the proposed activity satisfies a social or economic need which clearly and substantially outweighs the net loss or detriment to the benefit(s) and/or function(s) provided by the environmentally sensitive area. The net loss is to be evaluated with the inclusion of any mitigation measures which may be proposed to replace lost benefits and/or enhance remaining benefits.
(3) 
The applicant shall have the burden of demonstrating this weighing of benefits and losses to the satisfaction of the Town. At a minimum, the following information should be prepared by the applicant and submitted to the Town:
(a) 
The identification of the existing values, functions and benefits provided by the environmentally sensitive area relative to its hydrologic functioning, wildlife habitats and aesthetic/recreational use.
(b) 
An assessment of the impact of the proposed project on these values.
(c) 
Details of any proposed mitigation measures should be provided along with an evaluation of the extent to which these measures will replace the benefit, value or function and/or enhance those remaining.
(d) 
An identification and documentation of the social or economic need for the proposed activity.
I. 
Development conditions.
(1) 
Any authorization issued 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 CEO or the Town Engineer and/or other appropriate Town official shall have the right to inspect the project from time to time.
(b) 
Authorization shall expire with the expiration of approval of associated development, or six months after the date the authorization was issued, if the approved action is not initiated.
(c) 
The permit holder shall notify the appropriate Town official at least five days in advance of the date on which the authorized activity is to begin.
(2) 
For projects requiring site plan or subdivision approval, the EPOD shall be shown on the final site map or plat, along with a statement that any future activity in the EPOD shall require Town authorization.
(3) 
The Planning Board or CEO may incorporate permit conditions of other agencies into local approval conditions and/or supplement these with local conditions.
(4) 
For the purpose of implementing this section, the Planning Board may require engineering, design and construction plans to alleviate or mitigate adverse impacts that may be created by the proposed development.
(5) 
Area and dimensional standards of the underlying zoning district may be replaced by more stringent standards which may better fulfill the intent of this district.
(6) 
In considering the number of lots permissible under § 278 of Town Law, lands within the floodplain and wetland overlay districts shall not be counted in the calculation of land available for development.
[Amended 9-7-2010 by L.L. No. 1-2010]
(7) 
Larger lots or open spaces not utilized for development shall be treated in one of the following manners:
(a) 
Dedication to the public.
(b) 
Reservation from development with land held in common by a community association.
(c) 
Restrictive covenants on EPOD lands and other lands designated by the Planning Board to enhance the open space qualities of the development to minimize land disturbance and to maintain natural open space values.
(8) 
A maintenance and environmental management plan shall be submitted for all lands subject to Subsection I(7) above.
(9) 
The use of § 278 in conjunction with these regulations shall not be permitted where, in the opinion of the Planning Board, upon advice of the Conservation Board, the concentration of individual sewage disposal systems may impair ground or surface waters, or unnecessarily disturb woodlots.
(10) 
Development on lots should consider the visual perception of the development from adjoining developments, adjoining lots and roadways.
(11) 
Wherever possible, open space linkages shall be provided to adjoining designated open space lands in order to maintain continuity.
(12) 
The Planning Board may reduce front yard setbacks on two-acre or larger lots where construction of the access driveways would unnecessarily disturb the landscape, and providing that other design guidelines of individual EPOD Districts can be met.
J. 
Notice of decision.
(1) 
All decisions shall require written findings consistent with the above.
(2) 
Where applicable, notice of decisions shall be the same as required for associated development or approvals. If unassociated, notice shall be the same as for a building permit.
K. 
Requirements for letter of credit or certified check.
(1) 
Following approval of an application, and prior to the issuance of any building or other permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount determined by the Town Board to be sufficient to cover the costs of compliance, contingencies and inspection of the various specifications and conditions of the EPOD development authorization. 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 CEO or the Planning Board are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town of Parma.
(2) 
The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the CEO has completed inspection of the completed work.
(3) 
The requirement for a letter of credit or similar financial guarantee may be waived by the Town Board upon recommendation of the Conservation Board or Town Engineer.
L. 
Suspension or revocation of permits. The CEO may suspend an authorization (temporarily) until such time as the board having jurisdiction reviews the suspension. The board having jurisdiction, upon recommendation of the CEO, and after providing the permittee five days' written notice, may suspend or revoke an approval 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 approval, has exceeded the authority granted in the approval or has failed to undertake the project in the manner set forth. The CEO shall notify the applicant of the findings and reasons for revoking or suspending an authorization issued pursuant to this article, in writing, and shall forward a copy of said findings to the applicant.
Failure to obtain an EPOD permit shall be considered a zoning violation and be subject to penalties as specified elsewhere in this chapter. Additionally, the violator may be required to restore the resource to its original condition.
A. 
Purpose and intent. Wetlands provide hydrologic benefits such as flood and storm water control, and water quality protection. They also provide unique wildlife habitat for waterfowl, amphibians, fish, mammals and birds. Finally, wetland areas are used extensively for education, research, recreation and open space. The purpose of these regulations is to maintain these values consistent with sound planning principles and the objectives of the Town Comprehensive Plan.
B. 
EPOD boundary determination. Development proposed within freshwater wetlands is regulated by the New York State Department of Environmental Conservation for wetlands which are 12.4 acres or larger, and/or by the United States Army Corps of Engineers for any federally regulated wetlands. It is the obligation of each applicant to determine if the project contains any state-designated wetland. It a project contains a state-designated wetland, staff from the Department of Environmental Conservation must stake the wetland and buffer 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 must be issued by the Buffalo office of the United States Army Corps of Engineers.
C. 
Additional procedures and conditions.
(1) 
Wetlands designated by New York State as Class I are the most valuable wetlands. Class I wetlands shall have a buffer zone as described by state requirements. Actions within said buffer zone shall be regulated by the provisions of Title 6 NYCRR Part 663. The Class I buffer zones include PM-1, PM-2 and GR-1.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The applicant shall show state and/or federally approved wetland boundaries on all preliminary and final development plans submitted for Planning Board review.
(3) 
All correspondence to or with agencies regarding the establishment of boundaries, permit applications and permit approvals shall be provided to the Town along with other application materials.
A. 
Purpose and intent.
(1) 
Small wetlands are as important as large wetlands in providing multiple, unique benefits for our environment. Wetlands provide hydrologic benefits such as flood and storm water control, and water quality protection. They also provide unique wildlife habitat for waterfowl, amphibians, fish, mammals and birds. Finally, wetland areas are used extensively for education, research, recreation and open space.
(2) 
The management measures detailed below are intended to preserve and protect the functions and benefits of the wetland areas of the Town of Parma that are regulated by the United States Army Corps of Engineers. The measures apply to wetland areas which are between 12.4 and 1.0 acres in size. These smaller wetlands are expected to provide the same benefits and functions as the larger wetland areas currently protected by the New York State permit program and, hence, are worthy of protection.
B. 
Delineation of district boundaries.
(1) 
Identification and mapping of all wetland areas of the Town of Parma is not feasible. Instead, an initial screening of the potential for the presence of wetlands on a site shall be made at the time of application. A detailed site survey for wetlands shall be made if the potential is present for the disturbance of any wetland area.
(2) 
If the presence of a wetland is confirmed and there is a potential for disturbance, a specific weighing of the benefits of the proposed project versus loss of wetland function and benefit shall be made to determine if the activity should be modified or denied. This process shall also be undertaken if the site incorporates any part of a larger wetland.
(3) 
The potential for the presence of wetland vegetation and/or wildlife habitat has been evaluated for the soils of Monroe County. This evaluation is based upon mapping and interpretation of Monroe County soils by the United States Department of Agriculture, Soil Conservation Service. Soil units with a high potential to support wetland plants and/or wildlife are generally characterized as having seasonal high groundwater levels within 0.0 to 1.0 feet of the surface and/or as having a frequent flooding frequency. The list of soils having these characteristics shall be maintained by the CEO, and shall be made available to all applicants.
(4) 
If any of the above soil units are present in an area which may be disturbed, then a vegetative survey shall be completed and certified by a qualified wetlands specialist [as defined in 6 NYCRR Part 665.5(a)(2)] to determine the presence and extent, if any, of wetlands on the site. The definition of wetlands shall be consistent with Article 24 of the New York State Environmental Conservation Law [§ 24-0107(1)], as amended, and/or by the Corps of Engineers in their current regulatory guidance.
(5) 
If 1.0 or more contiguous acres of such wetland are found to be present, the location and extent of the wetland areas shall be shown on the proposed site plan with an appropriate buffer zone that may be adjusted according to the size and potential significance of the wetland.
(6) 
The location of wetlands, potential wetlands and proposed buffer areas shall be depicted on all site plans and suitable for concept stage submittals to the Planning Board and the CEO. Preliminary and final stage applications shall delineate actual boundaries as located in the field and accepted by the responsible agencies.
(7) 
If it is determined that the project contains a federally designated wetland, the applicant shall obtain all required wetland permits from the Buffalo office of the United State Army Corps of Engineers.
C. 
Activities regulated.
(1) 
All activities not otherwise exempted by § 165-47B shall be regulated.
(2) 
The regulations shall only be applicable for wetlands which are between 1.0 and 12.4 acres in size.
(3) 
Additional exempt activities.
(a) 
Freshwater wetland and buffer zone. Exempt activities as defined by the New York State Freshwater Wetlands Law, 6 NYCRR Part 663.4, or as subsequently amended.
(b) 
Buffer zone. Substantially modifying or expanding existing functional structures or facilities which involve only a temporary disturbance.
(4) 
The applicant shall show state and/or federally approved wetland boundaries on all preliminary and final development plans submitted for Planning Board review.
(5) 
All correspondence to or with agencies regarding the establishment of boundaries, permit applications and permit approvals shall be provided to the Town along with other application materials.
A. 
Purpose and intent. Floods are natural phenomena which increase in frequency and magnitude due to development. In natural systems, they clear debris from stream channels and replenish topsoil and nutrients to floodplain areas. However, when development encroaches upon floodplains, floods carry off pollutants from lawns, impervious surfaces and on-site sewage disposal systems and may pollute wells, and damage property. It is the intent of this EPOD to provide notice of flooding potential and to direct applicants to the proper section of the Town Law which governs development in areas with potential for flooding and to expand the review of such applications.
B. 
Delineation of district boundaries. Areas subject to flooding are delineated on the county's Environmental Atlas maps. The locations and elevations of floodplains and floodways are identified on maps prepared by FEMA. These maps are on file in the Building Department.
C. 
Activities regulated. It is not the intent to add any additional regulatory control over development than is already provided in Town Law. Applicants are directed to Article X of this chapter for regulated activities, application procedures and standards. Separate EPOD development authorization shall not be required, unless the proposed action is also sited within EPOD (4).
D. 
Additional procedures and conditions.
(1) 
Applicants are directed to show the location of EPOD (3) on all development permit applications.
(2) 
Applications for development within areas subject to flooding shall be referred to the Conservation Board for an advisory review, in the same manner as other applications.
A. 
Purpose and intent. The purpose of the Stream Corridor Protection District is to provide special controls to guide land development within the major waterway corridors in the Town of Parma. The district encourages planning and development of land so as to protect and preserve sensitive environmental areas, to prevent soil erosion, sedimentation and slope failure due to removal of vegetation, dredging, filling, damming or channelization; to prevent degradation or loss of scenic views and the natural character of the area; and to prevent activities which degrade water quality or fish and wildlife habitat.
B. 
Delineation of district boundaries. The boundaries of the Stream Corridor Protection District shall be based on a map with stream numbers prepared by the Conservation Board. The Stream Corridor Protection District shall extend a distance of 50 horizontal feet from the edge of each stream.
C. 
Activities regulated.
(1) 
All activities not otherwise exempted by § 165-47B shall be regulated.
(2) 
Additional exempt activities.
(a) 
Construction of bridges.
(b) 
Construction of ponds.
(c) 
Thinning and clearing of trees and shrubs, if maintaining at least 60% perimeter coverage along the stream.
D. 
Standards for permit review.
(1) 
General regulations. Any applicant for a permit to undertake a regulated activity within a Stream Corridor Protection District shall be required to adequately demonstrate that the proposed activity shall in no way, at present or at any time in the future, adversely affect the following:
(a) 
Water quality.
(b) 
Watercourse flood-carrying capacities.
(c) 
Rate of sedimentation.
(d) 
Velocity of surface water runoff.
(e) 
Natural characteristics of the watercourse or floodplain.
(f) 
Soil stability.
(g) 
Fish and wildlife habitat.
(2) 
Specific standards. No permit to undertake a regulated activity within the district shall be issued unless it is determined that the proposed project complies with the following additional standards:
(a) 
The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands; change in water temperature due to removal of shade vegetation; or nonpoint sources of pollution due to stormwater runoff, septic systems or any other activity on the site.
(b) 
The project shall provide adequate measures to protect surface and ground waters from direct or indirect pollution and from overuse.
(c) 
Fill shall not encroach on natural watercourses, constructed channels or floodway areas.
(d) 
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 environmental features of the entire site.
(e) 
No new dock, boat launching site or fishing access and parking area shall be constructed unless it is shown that it shall not impede the natural flow of the streams to which this section applies and shall 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.
E. 
Additional procedures and conditions.
(1) 
A vegetative buffer of 25 feet shall be retained from each edge adjacent to the watercourses to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats and to protect scenic qualities. Wherever possible, the buffer shall retain natural vegetation.
(2) 
Site preparation, including the 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 within 14 days of disturbance. During the interim period, 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.
(3) 
All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.
(4) 
New structures, except for fences, bridges and fishing access parking areas, shall not be constructed within 25 feet of the bank of the stream.
(5) 
New structures shall be designed and constructed in accordance with erosion control standards and stormwater control standards contained in the Best Management Practices for Storm Water Management Guidelines for New Development, as found in Chapter 6 of the New York State Department of Environmental Conservation's Stream Corridor Management Manual.
A. 
Purpose and intent. The purpose of the Woodlot Protection District is to preserve and protect the aesthetic, wildlife habitat and air quality benefits of woodlots located within the Town of Parma. The controls and regulations of this district are designed to limit the potential adverse impacts of development actions on woodlots by managing development in these areas and by requiring review and permit approval prior to the start of construction.
B. 
Delineation of district boundaries. The boundaries of the Woodlot Protection District shall be delineated on the Town of Parma EPOD Maps and shall include all areas in the Town of Parma with five or more contiguous acres of woodlots. Active orchards are not included in the district.
C. 
Activities regulated.
(1) 
All activities not otherwise exempted by § 165-47B shall be regulated.
(2) 
Activities that would involve the clearance of more than one acre of the woodlot EPOD.
D. 
Standards for permit review.
(1) 
General regulations. Any applicant for a permit to undertake a regulated activity within a Woodlot Protection District shall be required to adequately demonstrate that the proposed activity shall in no way, at present or at any time in the future, adversely affect the following:
(a) 
Soil stability.
(b) 
Velocity of surface water runoff.
(c) 
Existing drainage systems.
(d) 
Natural characteristics of a watercourse or wetland.
(e) 
Significant tree species.
(f) 
Significant wildlife habitats.
E. 
Specific standards. No permit to undertake a regulated activity within the Woodlot Protection District shall be issued unless it is determined that the proposed project complies with the following standards:
(1) 
A pre-, during- and post-protection plan for trees to be saved or moved shall be prepared. For applications to be reviewed by the Planning Board, this plan shall be prepared by a qualified consulting forester, arborist or horticulturist.
(2) 
For applications to be reviewed by the Planning Board, an integrated site plan which includes the woodlot protection plan, the landscape plan and any additional development on the site shall be prepared by a qualified consulting forester, arborist or horticulturist. The plan shall show all new or expanded structures, utilities, access roads, grading or other activities which may adversely affect the woodlot.
(3) 
Vehicles, materials and equipment storage shall not be allowed in areas fenced to protect trees.
(4) 
In planning development sites, applicants shall preserve as much mature vegetation as possible. The use of clustering of buildings to avoid mature wooded areas shall be encouraged wherever practical, as well as the planting of replacement vegetation to mitigate the unavoidable uses of woodlots.
F. 
Additional procedures and conditions.
(1) 
Site preparation, including the 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 within 14 days of disturbance. During the interim period, 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.
(2) 
Erosion and siltation controls shall be consistent with the most recent edition of the New York State Guidelines for Urban Erosion and Sediment Control.
A. 
Purpose and intent. New York State has determined that development in and near areas subject to coastal erosion and flooding may be hazardous to life and damaging to property. Legislation has been enacted to regulate development in these areas. The New York State Department of Environmental Conservation administers this program under Article 34 of the Environmental Conservation Law. It is the intent of this EPOD to provide notice of coastal erosion potential, direct applicants to the proper review authorities, and coordinate activities with other reviewing agencies. It is not the intent to add any additional regulatory control or exercise any additional local authority over activities within these areas.
B. 
Delineation of district boundaries. Areas subject to coastal erosion, and surrounding areas where DEC maintains jurisdiction over development activities, are identified on Official Coastal Erosion Maps prepared by NYSDEC. These maps are on file in the Town Building Department.
C. 
Activities regulated. As it is not the intent to add any additional regulatory control over development, applicants are directed to 6 NYCRR Part 505 which cites regulatory authority, jurisdiction and procedures. Separate EPOD development authorization shall not be required, unless the activity falls within other regulated EPOD boundaries.
D. 
Additional procedures and conditions.
(1) 
It is the responsibility of each applicant to determine if the project is within areas subject to DEC jurisdiction, and to contact DEC to determine regulatory requirements and procedures.
(2) 
Applicants are directed to show the location of EPOD (6) on all development permit applications.
(3) 
All correspondence to or with agencies regarding the establishment of jurisdiction, permit applications and permit approvals shall be provided to the Town, along with other application materials.