A.
It is in the best interests of the Town of Rush to
protect, as much as possible, features which are environmentally sensitive
and to preserve the rural character of the Town. If property proposed
to be subdivided and/or developed contains any environmentally sensitive
features, as defined in this article, the applicant must obtain an
environmental special permit from the Planning Board after demonstrating
that the subdivision and/or development will be implemented in a manner
calculated to take into account the environmentally sensitive features
and to avoid interference with and protect such features as much as
possible. The Planning Board may condition the permit upon such mitigating
measures as it deems appropriate.
B.
The presence or absence of environmentally sensitive
features shall be disclosed on the application by the applicant. If
any are present, they shall be shown on the sketch layout and preliminary
plat. The Planning Board and Conservation Board, in their reviews
of the application, will determine the accuracy of the applicant's
assessment of the presence or absence of environmentally sensitive
features.
Environmentally sensitive features are areas
or conditions which have been determined as deserving special consideration
and/or treatment. The following are environmentally sensitive features:
A.
WETLAND: An area which has standing water at any time
of year, which has a marshy or swampy aspect for more than half of
the year, and which has vegetation characteristic of a wetland. Wetland
areas include those designated by the New York State Department of
Environmental Conservation, but also include areas smaller than the
twelve-and-four-tenths-acre minimum protected by state law, and include
a one-hundred-foot wide area around the wetland.
B.
WATERCOURSE CORRIDOR:
(1)
An area within:
(a)
200 feet of the center line of a natural or
man-made watercourse with an approximate channel top width which is
100 feet or greater;
(b)
100 feet of the center line of a natural or
man-made watercourse with an approximate channel top width which is
50 feet or greater and less than 100 feet;
(c)
50 feet of the center line of a natural or man-made
watercourse with an approximate channel top width of less than 50
feet.
(2)
The approximate channel top width of a watercourse
shall be deemed to be the width of the watercourse at its mean annual
flood level.
C.
WOODLAND: An area of one or more contiguous acres
of mature wooded land. Mature wooded land is a continuously wooded
area in which more than half of the trees are 30 feet or more in height
or six inches in trunk diameter at a level of four feet from the ground.
It shall not be interpreted to include orchards, Christmas tree lots,
or other trees planted for the specific purpose of commercial harvest.
D.
STEEP SLOPE: An area with a slope of 15% or greater
measured over a linear distance of 100 feet and all areas within 50
feet of said slopes. Shall also include an area with a 10% to 15%
slope so measured, in combination with a rock outcropping.
F.
ARCHEOLOGICAL OR HISTORICAL SITE: An area containing
structures or artifacts of historical or prehistorical significance.
Archeological sites include areas designated by the Rochester Museum
and Science Center or other recognized agency as known archeological
sites or strong potential sites by virtue of close contiguity with
known sites. Historical sites include, but are not limited to, buildings,
sites or districts listed on the State or National Registers of Historical
Places, a National Landmark, or any site which is currently in the
application process for such designation.
In granting an environmental special permit,
the Planning Board may impose whatever conditions it deems necessary
to preserve or mitigate interference with the environmentally sensitive
features. The conditions imposed shall seek to enhance and preserve
the environmentally sensitive features and the existing character
of the area.
