[Added 10-13-2011 by L.L. No. 2-2011]
The following is a model waterfront overlay district for the
Village of Malone to consider as a land management tool for protecting
the Salmon River waterfront.
A.
The Village intends to protect a scenic corridor along the Salmon
River and its tributaries, in accordance with the Town and Village
of Malone Local Waterfront Revitalization Plan. The purpose of the
district is to maintain a green, undeveloped corridor along much of
the Village's waterfront and to provide a consistent level of
protection of the visual, environmental and historic resources within
this corridor.
B.
The existing vegetation along the Salmon River is effective in creating
a secluded natural experience for waterfront landowners, boaters,
hikers and other waterfront users. In addition, a vegetative buffer
reduces the velocity and volume of stormwater runoff entering the
river, increases infiltration, decreases erosion, and protects water
quality. Vegetation filters out pollutants, including nutrients from
fertilizers and agricultural pesticides. Therefore protection of the
Salmon River waterfront is critical to its users as well as its ecology.
C.
The Waterfront Overlay (WO) District is overlaid onto existing zoning
districts. All provisions of the underlying districts remain in full
force, except where provisions of the WO District differ. In such
cases, the more restrictive provision shall apply. The principal control
mechanisms of the WO are construction setbacks from the waterline,
restrictions on the removal of natural vegetation within an established
buffer zone adjacent to the water, and performance standards governing
land use activities within the district. The WO will extend 200 feet
from the Salmon River high-water mark.
D.
The specific purposes of this district include the following:
(1)
To preserve natural, scenic, and historic values along the Salmon
River.
(2)
To preserve woodlands, wetlands, and other green space.
(3)
To regulate uses and structures along the Salmon River to avoid increased
erosion and sedimentation.
(4)
To encourage compatible land uses along the Salmon River.
(5)
To recognize areas of significant environmental sensitivity that
should not be intensely developed.
(6)
To allow reasonable uses of lands while directing more intense development
to the most appropriate areas of the community.
A.
The underlying zoning district determines the permitted principal
uses, accessory uses and special permit uses within the Waterfront
Overlay District. Underlying districts within the WO District include
those districts located within 200 feet of the high-water mark.
B.
The following uses, however, are specifically prohibited within the
WO District:
(1)
Junkyards and solid waste disposal or processing facilities.
(2)
Mineral extraction or surface mining.
(3)
Freight or truck terminals.
(4)
Bulk fuel storage.
(5)
Bulk industrial chemical storage or processing.
(6)
Uses which may be noxious or injurious due to the production or emission
of dust, smoke, odor, gases, fumes, solid or liquid waste, noise,
light, vibration, or nuclear or electromagnetic radiation or due to
the likelihood of injury to persons or damage to property if an accident
occurs.
A.
Setback requirements.
(1)
The minimum setback from the high-water mark of the river shall be
200 feet for principal and accessory buildings.
(2)
Structures demonstrated to be directly related to the Salmon River
may be authorized within the required setback distance; however, the
Planning Board shall have the authority to impose additional conditions
at the time of site plan review as may be warranted such as buffering
or screening.
B.
Riparian area vegetated buffer. Riparian areas shall be maintained
with a natural vegetation strip on each parcel or lot between the
normal high-water mark of the river and a point 100 feet from and
perpendicular to the normal high-water mark. Removal of vegetation
in the riparian area shall require a special permit in accordance
with the following requirements:
(1)
No clear-cutting shall be allowed.
(2)
One hundred percent of the vegetation strip may be selectively thinned
as follows. No more than 35% of the number of trees six inches in
diameter at 4.5 feet above the ground, or larger, shall be cut in
any ten-year period. No more than 25% of trees four inches in diameter
at 4.5 feet above the ground, or larger, shall be cut in any ten-year
period. Additional trees may be removed if the applicant can demonstrate
one or more of the following conditions:
(a)
It is clearly necessary for traffic safety.
(b)
It is clearly necessary for the development of an approved principal
or accessory use or building, street, sidewalk, paved area, driveway,
stormwater facility, utility or sewage system.
(c)
It is within 25 feet of the foundation of an approved structure.
(d)
It is diseased, dead or poses a clear danger to public safety,
structure, utility or public improvement.
(e)
It is related to agricultural activities, such as orchards or
cultivation activities.
(3)
Existing soil and organic matter shall not be altered or disturbed
within the vegetation strip except in connection with an activity
otherwise permitted.
(4)
No structures shall be permitted within the vegetation strip, with
the exception of docks, boat ramps, bulkhead, pump houses, utilities,
pervious walkways, and elevated walkways which provide the property
owner with reasonable access to the water. Park-related furnishings
(benches, picnic tables, pavilions, refuse containers, etc.) and vehicular
parking areas shall be permitted, if associated with public recreation
areas or public access to the river.
(5)
No potentially polluting material, including but not limited to lawn
clippings, leaves, garbage, refuse containers, junk cars, junk appliances,
or toxic materials, may be dumped or stored within the natural vegetation
strip. The vegetation strip shall not contain commercial or industrial
storage or display, manufacturing or processing activity, loading
and unloading areas or vehicular parking areas.
(6)
Where there is no preexisting natural vegetation, new development
requiring Planning Board approval pursuant to this section or site
plan review shall include vegetation which shall screen the proposed
development from the water and any existing waterfront trails or pathways.
The width of this revegetated strip should be at least 75 feet from
the high-water mark of the river. The plant material should consist
of indigenous trees, shrubs, and grasses.
(7)
Reasonable efforts shall be taken during construction to ensure that
trees protected by this section are not accidentally injured or removed,
including root compaction by equipment or change in grade level. The
developer shall replace any protected trees which are destroyed or
injured with mature trees of similar diameter.
C.
Protection of water quality.
(1)
There shall be no disturbance of existing federal and New York State
wetlands as identified by the New York State Department of Environmental
Conservation located within this WO District unless appropriate mitigation
measures are defined and approved pursuant to a permit from the Department
of Environmental Conservation and United States Army Corp of Engineers.
(2)
Stormwater and sedimentation control shall be guided by the standards
of the New York Standards and Specifications for Erosion and Sediment
Control, the New York State Stormwater Management Design Manual and
the Town/Village of Malone Stormwater Management and Erosion and Sediment
Control Law.[1]
E.
Agricultural activities. Soil shall not be tilled within 100 feet
of the high-water mark of the river or within 100 feet of direct tributaries
that are within the WO District.
F.
Additional requirements and standards.
(1)
Parking, fences and signs shall not detract from water views and
are subject to regulations contained in the Zoning Ordinance. The
following signs are prohibited within 300 feet of the river:
(2)
Development shall not interfere with or in any way prohibit, hinder
or discourage the public use of waterfront trails.
(3)
New development shall provide opportunities for trail linkages as
identified in the Town/Village of Malone Local Waterfront Revitalization
Plan. Any easement or trail construction should accommodate a pedestrian
walkway or pathway having a right-of-way width of at least 20 feet
along the length of and abutting the Salmon River shoreline.
(4)
When located adjacent to historic structures, new buildings shall
reflect the architectural character of the existing historic structure.
Any proposed principal building or any proposed or expanded
paved area larger than 5,000 square feet that would be partially or
entirely located within the WO District shall be submitted for review
by the Planning Board. Site plan review shall be conducted in accordance
with the procedures established in the Zoning Ordinance.
