HomeMy WebLinkAboutLL 10 of 2009 Docks Lakefront.docTOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 2009
A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING
REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF
THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, titled "Definitions," is amended by adding the following definitions:
BOAT -- A vehicle designed for travel in or on water.
BOAT LIFT/BOAT HOIST -- Any mechanical device used to raise or lift a boat out
of the water for waterside storage or storage above the water's surface.
BOAT LAUNCH/RAMP -- Facility to launch and retrieve boats.
DOCK -- A structure built over or floating upon the water and used as a landing place
for boats, fishing, swimming, or other uses.
MOORING -- An uncovered floating or fixed structure on or under the water, such as
a buoy or wooden pole, to which a boat or other objects on the water may be secured.
ORDINARY HIGH WATER LEVEL -- The Ordinary High Water level for Cayuga
Lake is 384 feet above sea level.
SEA WALL -- A wall or embankment designed to halt the encroachment of a
waterbody.
WATER RIGHTS LINES — The lines
boundaries for the placement of certain
facilities subject to this chapter.
that are used solely for determining the
piers, docks, wharves, and other similar
WATERSIDE — The lake side of the Ordinary High Water line.
Section 2. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, titled "Definitions," is amended by deleting the definitions for
"HEIGHT" and "MARINA" and replacing them with the following definitions:
HEIGHT -- As it relates to a land-based structure other than a building, the distance
measured from the lowest level or portion of the structure (slab or base) in contact
with the ground surface to the highest point at the top of the structure. As it relates to
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a structure built over or floating upon water, the vertical distance measured from the
Ordinary High Water level to the highest portion of the structure.
MARINA -- A Lakeshore business, whose purpose includes the sale of boats, supplies
and fuel, rental of boats, marine equipment, dock and mooring space, and winter
storage; service of boats and marine equipment; and/or provision for boat access to the
lake.
Section 3. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-42, titled "Principal uses authorized by special permit
only," is amended by deleting subsection D (regarding clubhouses and lodges) and
renumbering subsection E as subsection D.
Section 4. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and uses,"
subsection A is amended by adding the words "the Ordinary High Water line of after the
words "shall occur within 100 feet of so that subsection A reads as follows:
"A. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this article, but subject to provisions of §
270-227 and further subject to the requirement that no vehicle parking shall
occur within 100 feet of the Ordinary High Water line of any shoreline."
Section 5. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and uses,"
subsection C is amended by deleting the word "storage" so that subsection C reads as follows:
"C. Up to two accessory buildings other than a garage, all such accessory buildings
in the aggregate not to exceed a total of 600 square feet in size."
Section 6. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and uses," is
amended by adding subsections K through L as follows:
"K. Piers, docks, wharves, sea walls, boat ramps and similar uncovered waterfront
structures, and covered and uncovered boat lifts and boat hoists, when such
uses are clearly accessory or incidental to the primary, principal use on the
property. Such structures are subject to all applicable state and federal
regulations and approvals and are further subject to the following
requirements:
(1) All such structures shall be designed in accordance with good
engineering practice and shall require a building permit. The applicant
for a building permit shall submit, at a minimum:
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(a) A short written narrative describing the proposed structure,
equipment that will be used, and the construction schedule.
(b) A general location map showing the waterway shoreline, the
exact location of the proposed project, the nearest street or road
and north arrow.
(c) An accurately scaled plan view map showing the existing
shoreline (water's edge), property lines and length of property
between lines, north arrow, Ordinary High Water line, location
and dimensions of existing structures, location and dimensions
of proposed structures and fills, and length of waterward
encroachment.
(d) An accurately scaled profile showing the existing shoreline,
Ordinary High Water line, height of proposed structures above
the Ordinary High Water level, depth of water at waterward end
of proposed structures when lake is at the Ordinary High Water
level, and distance of waterward encroachment.
(e) A copy of the Army Corps of Engineers Permit for the proposed
structures, if required.
(f) At the discretion of the Code Enforcement Officer, plans
approved by a licensed engineer or architect.
(g) All other information required by this chapter or other laws,
rules or regulations for issuance of a building permit.
(2) The construction of such structures shall be undertaken in such a way
so as not to impact water quality, cause harm to fish spawning grounds,
destroy the natural beauty of the shoreline, reduce the stability of steep
slope areas, cause erosion or sedimentation problems along the
shoreline, create hazards for navigation, interfere with the public use
and enjoyment of the water surface or shoreline, infringe on the
riparian rights of other littoral parcels, or otherwise threaten the public
health and safety.
(3) The amount of grading, dredging, earthmoving and disturbance of land
above and below water during the construction of such structures shall
be minimized as much as possible and shall be consistent with the
permit requirements of the New York State Department of
Environmental Conservation and United States Army Corps of
Engineers regulating such activities.
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(4) Except as described in this subparagraph 4, such structures shall not
have roofs, covers or sides. Such structures may have uncovered side
supports that extend above the horizontal surface of the structure. Boat
lifts and boat hoists may have roofs, provided all of the following are
met:
(a) The roof height shall not exceed 15 feet;
(b) The roof pitch shall not exceed 3/12 (3 inch vertical rise for
every 12 inches horizontally);
(c) The boat lift or boat hoist shall not have a second floor level
under the roof, and
(d) No boat lift or boat hoist may be used as a dwelling, sleeping,
lodging or boarding place.
(5) The maximum surface area of all boat lifts and boat hoists on a
waterfront lot (including any roof overhang) shall not, in the aggregate,
exceed 308 square feet.
(6) To permit the free circulation of water, reduce the effects of fluctuating
water levels, and prevent adverse modifications of the shoreline, piers,
docks and wharves shall not be constructed with rock -filled cribbing,
sheet piling, closely spaced piling, or such other construction technique
or materials that would significantly impair water circulation.
(7) Except as specified in subparagraphs 10 and 11 below, the width of any
pier, dock or wharf (excluding boat lifts and boat hoists) shall be a
minimum of three feet and shall not exceed eight feet. Any extension,
such as an "L", "T" or "U" extension, shall not exceed eight feet in at
least one dimension (length or width), and if any such extension has a
portion which is substantially parallel to the shoreline, the length of
such portion shall not exceed 29% of the length of the mean high water
tie line of the waterfront lot (as determined in Figure 1 below).
(8) (a) The length of any pier, dock or wharf, including all extensions,
boat lifts and boat hoists, shall extend offshore from the
Ordinary High Water line to a distance no greater than 40 feet,
except as specified below in this subsection (or such lesser
distance as may be stipulated in any permit obtained for such
construction from the New York State Department of
Environmental Conservation or the United States Army Corps
of Engineers).
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(b) If the water depth at the end of an existing or proposed 40 foot
pier, dock or wharf (including all extensions, boat lifts and boat
hoists) is less than 5 feet when Cayuga Lake is at the Ordinary
High Water Level, the Town Code Enforcement Officer may
issue a building permit to construct a pier, dock or wharf
(including all extensions, boat lifts and boat hoists) no longer
than 50 feet extending offshore from the Ordinary High Water
line if the information listed below is provided. Such permit
shall be issued for the minimum additional length necessary, in
the judgment of the Code Enforcement Officer, to reach a depth
of 5 feet, but in no case shall the length exceed 50 feet.
[ 1 ] A map of the depth of the water in the region between
40 feet and 50 feet from the Ordinary High Water line,
as determined by a licensed engineer or surveyor; and
[2] An accurately -scaled drawing of the proposed pier, dock
or wharf and all extensions, boat lifts and boat hoists
(including the shoreline and the location of the Ordinary
High Water marker referred to below) demonstrating
that the structure is no longer than necessary to reach a
water depth of 5 feet, or demonstrating that the water
depth at the 50 -foot length is less than 5 feet. A marker
of the Ordinary High Water line shall be erected on the
property before the preparation of the above drawing. It
must be established and certified by a licensed engineer
or surveyor, be based on an official monument, or be
based on a measurement of the water line of the property
together with the daily level of Cayuga Lake published
by the New York State Canal Corporation.
(9) The maximum surface area of all piers, docks, and wharves on a
waterfront lot shall not, in the aggregate, exceed 320 square feet,
including all extensions but excluding any boat lifts and boat hoists, if
the structure is 40 feet long or shorter, or 320 square feet plus 8 square
feet for each additional foot in length (excluding all boat lifts and boat
hoists) if the structure is allowed to extend beyond 40 feet in length
pursuant to subsection K(8) above.
(10) Every pier, dock, wharf, boat ramp, boat lift or boat hoist that is
constructed shall have a minimum clearance or setback of 20 feet from
adjacent property lines, as extended from the shoreline, to allow
adequate vessel access to neighboring waterfront parcels. In the case of
parcels that are too narrow for such waterfront structures to meet this
setback requirement, such structures shall be centered between the
adjacent property lines, and the maximum width of any pier, dock or
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wharf on such parcel shall not exceed three feet, including all
extensions.
(11) For concave or convex properties, piers, docks, wharves, boat ramps,
boat lifts and boat hoists shall be placed to have a minimum clearance
or setback of 20 feet from the water rights lines of the parcel so as not
to interfere with the Lakeshore usage of adjacent parcels. In the case of
parcels that are too narrow for such waterfront structures to meet this
setback requirement, such structures shall be centered between the
water rights lines, and the maximum width of any pier, dock or wharf
on such parcel shall not exceed three feet, including all extensions.
Water rights lines are determined using the following method (see
Figure 1 below):
(a) Determine the four points where the mean high water line
intersects the property lines of the parcel and the two adjoining
Lakeshore parcels (indicated by square points in Figure 1
below).
(b) Connect the points of intersection with straight lines. These
lines are called mean high water tie lines (dotted lines in Figure
1).
(c) Where two mean high water tie lines meet, measure the angle
on the waterside (i.e., 152° between Parcels E and F).
(d) Bisect (or divide by two) that waterside angle measurement.
The newly formed line projected out over the waterside is the
water rights line (i.e., half of 152° is 76°).
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16 rsvr•�X 9ter Vititsr-
Parcel A
Intersectiien of mean high water
line and shore line
Property Bine
Shore Line
IWnt'ean High. Water Tie Line
" a — Line bisection angle formed by
adjacent water tie Innes
water rights line
water rights lune
1 �
t
Parcel G
P<3,rcel B
Parcel G
Parcel D If Parcel E
Parcel P
III............. a Ik 119 �a ,�, 1 i'D'e
Parcel 111
(12) If lighting is provided, lighting of the surface of any pier, dock, wharf
or similar uncovered waterfront structure, or lighting of any covered or
uncovered boat lift or boat hoist, shall be provided in such a manner so
as not to produce any offensive glare when viewed from the water or
the land and shall comply with the requirements of the Outdoor
Lighting Law, Chapter 173 of the Town of Ithaca Code.
(13) Commercial (for profit) renting, leasing or operation of piers, docks,
wharves, boat launching ramps or similar uncovered waterfront
structures, or of covered or uncovered boat lifts or boat hoists, shall be
expressly prohibited in Lakefront Residential Districts.
L. Nothing in this section is intended to require or permit activities which
contravene any laws, rules, or regulations or permits of the United States or
New York State, or any agency thereof, nor are any of the foregoing provisions
intended to supercede any requirements for the obtaining of any permits or
approvals required by the United States or New York State, or any agency
thereof."
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Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-44, titled "Accessory buildings and uses authorized by
special approval only," is amended in subsection B by replacing the words "lake shore" with
the words "Ordinary High Water line of the shoreline" so this subsection reads as follows:
"B. The keeping of domestic animals in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner or
to the Ordinary High Water line of the shoreline, and further provided that
there shall be no raising of fur -bearing animals, or kennels for more than three
dogs over six months old."
Section 8. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-45, titled "Accessory structures and uses authorized by
special permit only" is deleted in its entirety.
Section 9. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-46, titled "Height limitations," is amended as follows:
A. This section is renumbered as Section 270-45.
B. Add the following sentence after the second sentence: "Notwithstanding the
foregoing, piers, docks, wharves, sea walls, boat ramps, moorings and similar
uncovered waterfront structures shall not exceed 8 feet in height, and covered
and uncovered boat lifts and boat hoists shall not exceed 15 feet in height ", so
that this reads as follows:
"§ 270-45. Height limitations.
In Lakefront Residential Zones, no building shall be erected, altered, or
extended to exceed 38 feet in height from the lowest interior grade or 36 feet in
height from the lowest exterior grade, whichever is lower. No structure other
than a building shall be erected, altered, or extended to exceed 30 feet in
height. Notwithstanding the foregoing, piers, docks, wharves, sea walls, boat
ramps, moorings and similar uncovered waterfront structures shall not exceed
8 feet in height, and covered and uncovered boat lifts and hoists shall not
exceed 15 feet in height. Accessory buildings shall in no case exceed 20 feet
in height."
Section 10. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-47, titled "Yard regulations," is amended as follows:
A. This section is renumbered as Section 270-46.
B. In subsection A, the word "or" in the last sentence is amended to read "nor", so
that this subsection reads as follows:
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"A. Front yard: Not less than the average depth of the front yards of
buildings on lots immediately adjacent. However, the front yard depth
shall not be less than 30 feet nor need it be greater than 60 feet."
C. In subsection B, add the words "from the Ordinary High Water line" to the end
of the sentence in this subsection so that it reads as follows:
"B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent
to the shoreline, in which event the rear yard shall be not less than 25
feet in depth from the Ordinary High Water line."
D. Delete subsection F and replace it with the following new subsection F:
"F. Minimum setback from shoreline: Notwithstanding the foregoing, any
principal building, parking area, cabana, gazebo, boathouse or other
accessory structure (but excluding such uncovered facilities as docks,
piers, wharves, sea walls, boat ramps and moorings, and covered and
uncovered boat lifts and boat hoists,) shall be located at least 25 feet
inland from the Ordinary High Water line of the shoreline except where
a 25 foot setback is not possible because of cliffs or embankments. In
such situations, accessory structures may be located no closer to the
shoreline than 10 feet inland from the Ordinary High Water line of the
shoreline provided all of the following are met:
(1) The structure does not exceed 100 square feet in size;
(2) The structure is used only for storage and/or as a changing area
and contains no habitable space; and
(3) Structures located within an area of special flood hazard, as
established in § 157-6 of the Town of Ithaca Code, receive a
development permit pursuant to Chapter 157, titled "Flood
Damage Prevention," of the Town of Ithaca Code, and comply
with all applicable requirements of the New York State Uniform
Fire Prevention and Building Code."
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E. Add new subsection G reading as follows:
"G. Where site plan approval is required elsewhere in this chapter for a
development or activity, the site plan review shall include review of the
adequacy, location, arrangement, size, design, and general site
compatibility of proposed structures, including piers, docks, wharves,
sea walls, boat lifts, boat hoists, boat ramps, and moorings. The
Planning Board, during site plan review, may establish a minimum
setback of greater than 25 feet from the Ordinary High Water line
based on due consideration by the Board of the preservation and
protection of sensitive environmental features, and the maintenance of
the wooded character of the shoreline area (if applicable), as well as
scenic views and vistas. Where a site plan exists, an approved modified
site plan shall be required if any of the thresholds specified in § 270-
191 of this chapter are met, including but not limited to proposed
changes to or additions of piers, docks, wharves, sea walls, boat ramps,
boat lifts, boat hoists, moorings and similar structures where such
changes or additions meet a § 270-191 threshold."
Section 11. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-48, titled "Building area," is amended by renumbering this
section to § 270-47.
Section 12. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-49, titled "Size and area of lot," is amended as follows:
A. This section is renumbered as Section 270-48.
B. In subsection D, replace the words "high water" with "Ordinary High Water"
so that this subsection reads as follows:
"D. Minimum width at the shoreline, as measured in a straight line that is
90° from a sideline at its point of intersection with the Ordinary High
Water line of the lake to the other side line, shall be 100 feet; and"
Section 13. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-50, titled "Special properties," is amended by renumbering
this section to § 270-49.
Section 14. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-51, titled "Parking," is amended by renumbering this
section to § 270-50.
Section 15. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the
Town of Ithaca Code, Section 270-52, titled "Special requirements," is amended as follows:
06/17/09 10
A. This section is renumbered to section § 270-51.
B. In subsection A, add the words "Ordinary High Water line of the" after the
words "within 100 feet of in the second sentence so that this sentence reads as
follows up to the beginning of subparagraph (1):
"On slopes greater than 25%, there shall be no grading or filling within 100
feet of the Ordinary High Water line of the shoreline unless:"
C. In subsection A.2, replace the words "the Town of Ithaca Director of Building
and Zoning" with "a Code Enforcement Officer" so that subsection A.2 reads
as follows:
"(2) Such grading and filling is in conjunction with construction pursuant to
a building permit legally issued by a Code Enforcement Officer after
the Town of Ithaca Director of Engineering has reviewed the proposed
construction and any required or necessary erosion control measures
and has determined that the conduct of such work will not adversely
affect the shoreline."
D. In subsection B, add the word "Environmental" after the words "New York
State Department of so that this subsection reads as follows:
"B. In addition to the requirements of this article, any construction, grading,
or other activities shall be conducted only in accordance with any
federal, state, or other local law or requirement pertaining to such
activity, including any requirements of the New York State Department
of Environmental Conservation and the United States Army Corps of
Engineers."
Section 16. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 17. This local law shall take effect upon publication of the local law or an
abstract of same in the official newspaper of the Town, or upon its filing with the New York
Secretary of State, whichever is the last to occur.
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