The purpose of the MD—Marina District is to preserve and
protect the natural, environmental, and historic resources of the
lakeshore and to provide waterfront access to Cayuga Lake.
In the MD—Marina District, no building or structure shall
be erected, altered or extended, and no land or building thereof shall
be used for any purpose or purposes other than the following:
Such necessary uses as are customarily incidental to the above
uses:
A.
Accessory buildings.
C.
Docks and moorings as regulated by state and federal agencies.
D.
Single-family residence and their accessory structures.
F.
Swimming beach, as regulated by Tompkins County Health Department.
G.
Temporary buildings and structures used for office, sales, storage
and fabrication activities related to the development of a site, provided
that such building or structure may not be continued for more than
one year except upon receipt of a special permit.
The following uses are allowed within the MD—Marina District upon receipt of site plan approval from the Planning Board pursuant to Article III, § 212-19, and subject to the design standards set forth in relevant sections of Article XX:
The following uses are allowed within the MD—Marina District upon approval of a special permit pursuant to Article III, § 212-18, upon receipt of site plan approval from the Planning Board pursuant to Article III, § 212-19, and subject to the design standards set forth in relevant sections of Article XX:
A.
Minimum lot area shall be five acres.
B.
Minimum lot width at front lot line shall be 250 feet. In the case
of lots with frontage on a lake, minimum lot width shall be measured
at the front yard setback opposite the side fronting on the lake.
C.
Minimum lot depth shall be 250 feet.
D.
Minimum front yard setback shall be 50 feet.
E.
Minimum side yard setbacks shall be 50 feet.
F.
Minimum rear setback shall be 50 feet.
G.
Maximum building height shall be 32 feet.
H.
Maximum lot coverage shall be 5% of the lot area.
I.
The above notwithstanding, in the case of a lot with frontage on
a lake, accessory uses such as boathouses, pump houses, docks, piers,
boat ramps, patios, decks and other facilities typically associated
with water-oriented recreational pursuits are permitted within the
front yard setback area fronting on the lake; provided, however, that
they are located outside the required side yard setback areas.
No buildings or other structures, or parking areas, shall be
located within 100 feet from a stream edge or any wetland as defined
by state or federal law.
A.
Streams.
(1)
Permanent and impermanent streams are, and wetlands may become,
prominent features of the Marina District, and the condition of these
water bodies directly affects the health of Cayuga Lake and the various
creatures that depend on the water for sustenance. As such, it is
the intent of these Marina District regulations to ensure the continued
preservation and health of these many Cayuga Lake tributaries for
current and future generations.
(2)
For the purposes of this section, the area of a wetland is defined
by both state and federal governing regulations. Buffer areas apply
to federally protected wetlands greater than 0.1 acre.
(3)
Requirements.
(a)
To the extent possible, permanent and impermanent streams shall
be protected from sediment, effluent, sewage, and driveway runoff.
(b)
Diverting or altering the course of permanent or impermanent
streams shall be prohibited, except where a NYSDEC permit is obtained
in advance of starting work.
(c)
Unless otherwise authorized by the Planning Board or state or
federal agency, no disturbance as listed previously in this section
shall be located within 100 feet of any wetland.
(d)
During the site plan approval process where there is evidence
of a wetland, the Planning Board may require a wetland delineation
study to determine potential impacts of development on said wetland.
(4)
Recommendations.
(a)
Plowing of salt laden snow from driveways into streams should
be avoided.
(b)
The proximity of docks to mouths of tributaries should consider
natural variation in stream boundary location so as to not interfere
with stream flow over time.
(c)
Stream bank vegetation should be encouraged to minimize erosion.
Where necessary, stream banks should be replanted with native species.
(d)
Flow of water in Cayuga Lake tributaries should not be impeded
by human-made structures in or spanning streams.
B.
Vegetation and landscape.
(1)
The intent of the Town of Ulysses is to preserve and encourage
vegetation, especially noninvasive trees and shrubs, in the Marina
District in order to prevent erosion, sedimentation of the lake and
streams, and maintain the rural, scenic nature of the Town. The intent
of this section is to encourage landowners in this district to preserve
and encourage vegetation for the benefit of current and future residents
of the Town.
(2)
The intent of the Town of Ulysses is to preserve the natural
features of the Marina District and, as such, to allow development
that uses mechanisms that minimize disruption of the current ecological
balance. The Zoning Officer and Planning Board shall review all development
with the following guidelines when reviewing a site plan for approval.
(3)
Requirements. Tree removal, except clear-cutting, is allowed
in the Marina District outside of unique natural areas or slope overlay
areas. Tree removal is allowed in the Marina District in the unique
natural areas or slope overlay areas according to the following terms
and conditions:[1]
(a)
Without Town approval: a tree or trees whose location and conditions
combine to make it a threat to human life or property.
(b)
With the approval of the Zoning Officer and the possession of
a valid building permit: those trees that are in the footprint of
a construction site, septic system, parking areas, and the driveway
access.
(c)
Clear-cutting of forest stands for any use other than necessary
minimal clearing for the requirements of a building project is prohibited.
(d)
In unique natural areas or slope overlay areas, a woodland management
plan shall be filed with and approved by the Zoning Officer and/or
the Town's consulting forester for multiple trees removed for
the landowner's firewood or lumber use, and for forest management
and forest improvement. A woodland management plan shall be prepared
by a professional forester with Society of American Foresters certification
or by a cooperating consulting forester with the New York State Department
of Environmental Conservation.
(4)
Recommendations.
(a)
In areas outside of unique natural areas and slope overlay areas,
a woodland management plan is recommended when removing multiple trees
for firewood or lumber use and for forest management and forest improvement.
(b)
Existing noninvasive vegetation should be maintained to the
extent practicable to minimize runoff.
(c)
Buffer areas proximal to water bodies are to be promoted using
noninvasive plants to protect water resources.
(d)
Removal of trees for the purpose of expanding a view is discouraged.
(e)
Removal of trees for the purpose of expanding sunlight exposure
is discouraged.
(f)
Native plants should be encouraged, especially shrubs and trees
that produce edible fruit and nuts for wildlife.
(g)
Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway
maple, etc.) is encouraged so long as this effort does not contribute
to significant soil disturbance or erosion.
(h)
Wildlife habitats, biological corridors, contiguous forests,
and open space linkages should be encouraged and preserved.
(i)
Dead trees that do not pose a threat to life, property or a
healthy forest should be left to provide wildlife habitat for both
birds and animals.
(j)
New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(k)
Regrading should blend in with the natural contours and undulations
of the land.
(l)
Buildings proposed to be located within significant viewing
areas should be screened and landscaped to minimize their intrusion
on the character of the area.
(m)
Building design should harmonize with the natural setting.
(n)
Building materials should harmonize with their natural setting
and be compatible with neighboring land uses.
C.
Soil and sediment control.
(1)
A structure or parking area shall have a minimum setback to permanent and impermanent streams of 50 feet and 25 feet, respectively, as measured from the top edge of the slope rising from the bank of the stream. See § 212-124B of this chapter.
(2)
On sites within the slope overlay area or unique natural area,
there shall be no excavation, grading or filling without the submission
to the Zoning Officer of an excavation, fill, and grading permit.
Excavation, grading or filling of more than 10 cubic yards is subject
to site plan approval. The Planning Board may seek recommendations
from the Town Engineer, and the associated cost shall be paid for
by the applicant. This provision is not applicable to projects with
a valid permit from a county, state, or federal agency; nor is it
applicable to any projects with current site plan approval.[2]
(3)
In addition to the requirements of this article, any construction,
grading, or other activities shall be conducted in accordance with
any federal, state, or other local law or requirement pertaining to
such activity, including, but not limited to, any requirements of
the New York State Department of Environmental Conservation and the
United States Army Corps of Engineers.
(4)
Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
D.
Driveways and parking.
(1)
Requirements.
(a)
For new impervious surfaces proposed for driveways, parking
areas, or walkways in unique natural areas or slope overlay areas,
site plan review procedures shall be followed, and the Planning Board
may seek recommendations from a licensed engineer selected by the
Town and paid for by the applicant.
(b)
For safety purposes, parking areas shall be designed and built
to avoid the necessity for drivers to back their vehicles onto Route
89.
(2)
Recommendations.
(a)
Semipervious and pervious surfaces for driveways and parking
areas are encouraged to minimize runoff and erosion.
(b)
Driveways and parking areas should be designed to include a
combination of pervious and impervious surface materials as needed
to provide for safe passage of traffic and to minimize the total area
of impervious surface, which would contribute to runoff.
(c)
Driveways and parking areas should follow contour lines of the
land as much as possible.
(d)
Excavation and regrading of slopes for parking areas should
be minimized.
