A.
Overlay districts are intended to preserve and protect the Town of
New Hartford's natural resources from negative impacts associated
with land use activities in order to protect the health, safety and
general welfare of the public.
C.
The boundaries of the overlay districts are shown on separate maps
which are considered part of the New Hartford Zoning Map for purposes
of the Chapter. The overlay districts exist in concert with the underlying
zoning districts shown on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map and overlay district maps are
included as attachments to this chapter.
D.
The regulations pertaining to the overlay zones are in addition to
those of the underlying zoning districts.
A.
Stream Corridor Overlay District. This district applies to the one-hundred-year
floodplain of Mud Creek and Sauquoit Creek and to areas within 50
feet of the center line of perennial streams.
B.
Wetlands Overlay District. This district applies to all New York
State Department of Environmental Conservation mapped and designated
wetlands as well as a one-hundred-foot buffer around such wetland
areas.
C.
Aquifer Overlay District. The district applies to those portions
of the Town underlain by identified aquifers and not serviced by public
water and sewer.
D.
Steep Slope Overlay District. This district applies to all areas
having slopes in excess of 15%.
E.
Natural Resource Protection Overlay District. This district applies
to those areas of the Town which contain unique or rare natural features
or resources. Examples included are of unique physical features or
unique wildlife habitats. (See overlay district map.[1])
[1]
Editor's Note: The Natural Resource Protection Overlay District
Map is included as an attachment to this chapter.
A.
Within the overlay districts, no person shall undertake any land
use activity, as hereinafter defined, except pursuant to the review
and approval by the Planning Board in accordance with the requirements
of this article and all other applicable regulations contained in
this chapter.
(1)
Definition of "land use activity." "Land use activity," for the purpose
of this article, means any construction or other activity which materially
changes the use or appearance of land or a structure or the intensity
of use of land or a structure. Land use activity shall include activities
which require a building permit or certificate of use or occupancy,
except as exempted below.
(2)
General exceptions. All new land use activities within the Town,
designated above, shall require review and approval pursuant to the
provisions hereof before being undertaken, except the following:
(a)
Ordinary repair or maintenance of interior alterations to existing
structures, provided that there is no change of use.
(b)
Exterior alterations or additions to structures that are in
existence on the date that this chapter is enacted which would not
increase the square footage of the existing structure by more than
25% or 500 square feet, whichever is the smaller, provided that there
is no change of use.
(c)
Structures under 100 square feet in size.
An application for review and approval under this article shall be filed according to the requirements and procedures set forth in Article X, Site Plan Review.
The procedure for review and approval under this article shall be as set forth in this article and Article X, Site Plan Review.
A.
General standards and guidelines.
(1)
No land use activity or development will be allowed until it has
been determined by the Planning Board that the development or activity
will not significantly result in unsafe or unhealthful conditions,
erosion or sedimentation, water pollution, degradation of fish and
wildlife habitat or conflicts of use and will be protective of the
natural resources of the Town.
(2)
The Planning Board shall approve land use activities within overlay
districts only where it finds that:
B.
Specific standards and guidelines. In addition to the standards and guidelines set forth in Articles X and XI, if applicable, the following standards and guidelines shall apply to each overlay district as detailed below.
(1)
All overlay zones: design principles and standards.
(2)
Stream Corridor Overlay Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field
or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk,
refuse or other debris.
[c]
The discharge or application of wastewater or any
pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses,
clear-cutting of timber or the removal of topsoil.
[e]
Within 35 feet of the mean high-water mark, no
vegetation shall be removed. This area shall be maintained as an undisturbed
natural buffer strip.
[2]
The provisions in Subsection B(2)(a)[1][d] and [e] above can
be waived for construction of bridges, fords, stream crossings and
associated roadways, or for impoundments, by approval of the Planning
Board and by the concurrent approval of the New York State Department
of Environmental Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to the requirements set forth in § 118-85 unless waived by the Planning Board. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[b]
A reasonable timing schedule indicating the anticipated
starting and completion date of the development sequence and the time
of exposure of each area prior to the completion of effective erosion
and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it
finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85 of this chapter.
[2]
To the extent practicable, all parking, loading and service
areas shall be constructed of permeable materials.
[3]
Wherever possible, existing vegetation shall be retained and
protected.
[4]
When vegetation is removed, it shall be replaced with other
vegetation that is equally effective in retarding runoff, preventing
erosion and preserving natural beauty.
(3)
Wetland Overlay Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field
or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk,
refuse or other debris.
[c]
The discharge or application of wastewater or any
pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses,
clear-cutting of timber or the removal of topsoil.
[2]
The provisions in Subsection B(3)(a)[1][d] above can be waived
for construction of bridges, fords, stream crossings and associated
roadways, or for impoundments, by approval of the Planning Board and
by the concurrent approval of the New York State Department of Environmental
Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to all requirements set forth in § 118-85. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[b]
A reasonable timing schedule indicating the anticipated
starting and completion date of the development sequence and the time
of exposure of each area prior to the completion of effective erosion
and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it
finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85 of this chapter.
[2]
To the extent practicable, all parking, loading and service
areas shall be constructed of permeable materials.
[3]
Wherever possible, existing vegetation shall be retained and
protected.
[4]
When vegetation is removed, it shall be replaced with other
vegetation that is equally effective in retarding runoff, preventing
erosion and preserving natural beauty.
(4)
Aquifer Overlay Zone.
(a)
Prohibited activities. Within the overlay zone, the following
are prohibited when located on lots wholly or partially located within
the Aquifer Overlay Zone:
[1]
Land spreading of sludge or ash of any kind, including domestic
waste water or industrial processes.
[2]
The creation or manufacturing of any hazardous materials without
an approved spill prevention and response plan that is approved by
the Town of New Hartford Planning Board and the New York State Department
of Health.
[3]
Dry wells directly connected to any floor drain, garage drain,
wash basin or sink.
[4]
Landfills.
[5]
All uses listed as special permit uses in the Manufacturing
District.
(b)
Design principles and standards.
[1]
The proposed project shall not degrade the quality of groundwater
through the introduction of sewage waste, stormwater runoff, liquid
chemicals, petroleum products, dissolved metal or other toxic or hazardous
substances.
[2]
The proposed project shall not substantially alter the subsurface
flow of groundwater to private and public water supply wells.
[3]
The proposed project shall not reduce to less than five feet
the separation between the surface of the ground and the seasonal
high-water table. If, at the time of application, the existing separation
between the surface of the ground and the seasonal high-water table
is less than five feet, the applicant shall have the burden to prove
that the proposed project will not threaten or negatively impact the
quality of the groundwater.
[4]
The proposed project shall not increase the long-term risk of
groundwater contamination through the siting, establishment or expansion
of uses which store, transport or utilize significant quantities of
material which are potentially harmful to groundwater quality.
(5)
Steep Slope Overlay Zone.
(a)
Prohibited activities. Within the overlay zone, the following
are prohibited:
[1]
Cut and fill practices on slopes in excess of 15% averaged vertically
on the slope across the building site or footprint of the building.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit information on existing vegetation, the proposed cutting plan and proposed revegetation plan. Specifically, the applicant shall submit the following:
[a]
Identification of all trees on the subject lot
having a diameter of eight inches or more at 4 1/2 feet above
the ground.
[b]
Delineation of the area in which cutting or clearing
is proposed to occur.
[c]
The intended practices for clearing trees and vegetation,
including equipment to be used, method of removal and description
of material to remain, if any.
[d]
Species list (names, numbers and sizes), planting
schedule and drawn plan for the revegetation of disturbed areas.
[2]
The Planning Board may waive any of these requirements if it
finds them inapplicable to the proposed project. The Planning Board
may request the Natural Resources Conservation Service or other agencies
to review the plan and make recommendations.
(c)
Design principles and standards.
[1]
Buildings should be sited to minimize their prominence. When
practical, buildings should not be placed at the top of the slope
or crest of the hill where they will be seen silhouetted against the
skyline and will be visible at a distance. Rather, buildings should
be placed down the slope where they will have the hillside for a background.
In general, the height of the structures should not exceed the height
of the surrounding trees. Buildings should avoid being placed in the
middle of open fields, where possible. Rather, buildings should be
located in or adjacent to existing vegetation.
[2]
Vegetation/trees shall be preserved to the extent practicable
and, when removed, shall be replaced with other vegetation/trees that
are equally effective in retarding runoff, preventing erosion and
preserving natural beauty.
[3]
All structures and uses, including accessory structures and
parking/loading areas, shall be landscaped in such a way so that the
visual impact of the structures is minimized. Vegetative screens of
trees and/or shrubs, depending on existing vegetative character, shall
be preserved or provided on frontal slopes.
[4]
Building materials, colors and textures designed to blend with
the natural environment are preferred. Buildings, roofs, fences and
walls are preferred to be of darker shades.
[5]
Solar collection devices, and receiving and transmitting devices,
such as radio and television antennas and disks, shall be positioned
so as to minimize their visual impact.
[6]
Outdoor lighting shall be kept to a minimum intensity needed
for ground and entryway lighting. All outdoor lighting fixtures or
lamps shall be shielded in such a manner that the edge of the lamp
shield is below the light source, direct radiation (glare) from the
light source is confined within the boundaries of the property and
direct radiation is prevented from escaping toward the sky. (For the
purposes of these provisions, light sources include any refractor,
reflector, bulb, tube or globe.) High-intensity discharge lighting
is prohibited.
(6)
Natural Resource Protection Overlay District Zone.
(a)
Prohibited activities; exceptions by waiver.
[1]
Within the overlay zone, the following are prohibited:
[a]
The installation of any septic tank, leach field
or other on-site sewage disposal facility.
[b]
The storage or dumping of any waste material, junk,
refuse or other debris.
[c]
The discharge or application of wastewater or any
pollutants, fertilizers, pesticides and herbicides.
[d]
The relocation of perennial or intermittent watercourses,
clear-cutting of timber or the removal of topsoil.
[2]
The provision in Subsection B(6)(a)[1][d] above can be waived
for construction of bridges, fords, stream crossings and associated
roadways, or for impoundments, by approval of the Planning Board and
by the concurrent approval of the New York State Department of Environmental
Conservation or other responsible agency.
(b)
Application requirements; waiver.
[1]
In addition to those application requirements set forth in Article X, the applicant shall also submit:
[a]
A comprehensive written record of all natural resources
which have contributed to the designation of the area as an NRP Overlay
Zone.
[b]
A soil erosion, sedimentation and stormwater runoff control plan. Said plan shall conform to the requirements set forth in § 118-85 unless waived by the Planning Board. Control measures shall apply to all features of the site and shall be instituted during all phases of construction.
[c]
A reasonable timing schedule indicating the anticipated
starting and completion date of the development sequence and the time
of exposure of each area prior to the completion of effective erosion
and sediment control measures.
[2]
The Planning Board may waive any of these requirements if it
finds them inapplicable to the proposed project.
(c)
Design principles and standards.
[1]
The soil erosion, sedimentation and stormwater runoff control plan shall meet the standards set forth in § 118-85.
[2]
Wherever possible, existing vegetation shall be retained and
protected.
[3]
When vegetation is removed, it shall be replaced with other
vegetation that is native to the region, compatible with the climate
and equally effective in retarding runoff, preventing erosion and
preserving natural beauty.
[Added 3-23-2022 by L.L. No. 2-2022]
A.
Definitions.
(1)
As
identified in the NYS Cannabis Law, an establishment which involved
the acquisition, possession, sale and delivery of cannabis to consumers,
and licensed by NYS as a cannabis retail dispensary.
(2)
Cannabis
Retail Dispensary Overlay District: properties adjacent to Commercial
Drive from its intersection with Henderson Street to its intersection
with NYS Route 5 in the Town of New Hartford, except to the extent
that any parcel in excess of 12,000 square feet in size shall be excluded.
B.
So long
as the Town does not have in place a local law calling for the prohibition
of licensure of the same pursuant to Cannabis Law § 131
(i.e., an opt-out law, which, if any, shall take precedence over and
supersede the following), cannabis retail dispensaries shall be permitted,
subject to obtaining a special use permit, the fee for which shall
be $25,000.
