Loading...
HomeMy WebLinkAboutLL 07 of 1996 Est 6 Mile Creek CD TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 1996 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE BY ESTABLISHING THE SIX MILE CREEK VALLEY CONSERVATION DISTRICT Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Amendment of Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca as adopted, amended and revised effective February 26, 1968, and subsequently amended is further amended as follows: 1. ARTICLE II, SECTION 2 is amended by adding a new district in the list of districts after the Industrial District and before the Agricultural District entitled "Six Mile Creek Valley Conservation District" 2. A new article, entitled ARTICLE X-A SIX MILE CREEK VALLEY CONSERVATION DISTRICT is added reading as follows: "ARTICLE X-A SIX MILE CREEK VALLEY CONSERVATION DISTRICT "SECTION 50B. Purpose. It is the purpose of the Six Mile Creek Valley Conservation District (sometimes referred to herein as the "Conservation District") to preserve the outstanding natural features of the Six Mile Creek Valley, as described in the report, "Six Mile Creek Valley: A Heritage to Preserve" (November 13, 1990), and in the Town of Ithaca Comprehensive Plan (September 21, 1993), and to provide a regulatory framework through which development can occur with minimal environmental impact. Foremost among its natural values and ecological importance are its diversity as a plant and wildlife habitat, its scenic views and rural character, and its importance as an educational and recreational resource. In addition, the Six Mile Creek Valley contains large areas of steep slopes, wetlands, highly erodible soils and the City of Ithaca water supply, which must be taken into consideration in planning for future development. It is a further purpose of the Six Mile Creek Conservation District to preserve existing areas of contiguous open space, prevent unnecessary destruction of woodland areas, preserve existing and potential agricultural land and promote appropriate development densities and flexibility of design and development of land. Developers should be encouraged to use mechanisms to accomplish these objectives. Such mechanisms could include enlarged buffer areas, conservation easements, deed restrictions, and public or semi-public land dedications. In recognition of its natural and ecological significance, much of the Six Mile Creek Valley has 2 been designated by the Tompkins County Environmental Management Council as a Unique Natural Area. It is a further purpose of this Conservation District to preserve the natural resources and scenic beauty of the area to promote tourism as an important economic benefit to the Town of Ithaca. SECTION 50C. Permitted Uses. In the Six Mile Creek Valley Conservation District, no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 1. A One-Family Dwelling. A one-family dwelling occupied by not more than (a) One family, or (b) One family plus no more than one boarder, roomer, lodger or other occupant. 2. A two-family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. 2a. A two-family dwelling shall be occupied by not more than two families and each dwelling unit in a two-family dwelling shall be occupied by not more than one family. 3. Garden, nursery or farm, including a roadside stand or other structure for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 25 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. 4. Forest Management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices, provided that logging of more than one acre of contiguous land shall require the submission of a forest management plan to and approval by the Planning Board. Such a plan shall include, but not be limited to, a description of the area to be logged, what percentage of trees will be cut, the method of cutting and removing trees, and how the land will be restored (e.g., through reforestation, agriculture or otherwise). 5. Public water supply. 6. The following uses, but only upon receipt of special approval for same from the Planning Board in accordance with the procedures described below: (a) Church or other places of worship. (b) Public, parochial and private schools, daycare center and nursery school. 3 (c) Golf course, except a driving range or miniature golf course. (d) Publicly owned park or playground, including accessory buildings and improvements. (e) The application for approval of any of the foregoing uses shall be made to the Planning Board. Any required site plan shall conform to the requirements of, and be subject to the procedures contained in Article IX. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. In determining whether to grant special approval, the Planning Board shall consider the matters set forth elsewhere in this ordinance that the Board of Appeals considers when it reviews applications for special approvals, and in addition shall grant a special approval for any of the above uses only if it can be demonstrated that: (i) The proposal is consistent with the goals and objectives of the Conservation District, as enumerated in the purpose section relating to this District; (ii) The proposal provides adequate measures to control stormwater runoff and minimize erosion and sedimentation; (iii) The project includes adequate measures to protect surface and groundwaters from direct or indirect pollution; (iv) Where public sewer or water systems are not available, adequate on-site sewage disposal or water supply systems can be provided that will not adversely impact the water quality of nearby waterbodies, streams or wetlands, and will be adequate to serve the proposed use and any reasonably anticipated expansion thereof; and (v) Off-street parking facilities are adequately buffered to minimize visual and noise impacts on surrounding areas, and are designed to minimize the increase in impervious surfaces on the site. 7. In the Conservation District, no non-agricultural building shall exceed thirty-eight (38) feet in height from the lowest interior grade nor thirty-six (36) feet in height from the lowest exterior grade, and no structure other than a building shall be erected or extended to exceed thirty feet in height. SECTION 50D. Accessory Uses. Permitted accessory uses in the Conservation District shall include the following: 1. Accessory buildings customarily incidental to the above permitted uses. 2. Office of resident musician, engineer, teacher, lawyer, architect, accountant, computer 4 professional, or member of other recognized profession to the extent permitted and subject to the same requirements set forth in the provisions related to these types of offices in the sections governing Residence Districts R30. 3. Customary home occupation, such as home cooking, dressmaking, carpentry, and other home occupations to the extent permitted and subject to the same requirements set forth in the provisions related to these types of occupations in the sections governing Residence Districts R30. 4. Wildlife rehabilitation operation as defined and regulated under 6 NYCRR Part 184, provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of that use) beyond the boundary lines of the property where such use is conducted, and that no more than 3 additional persons not residing on the premises may be employed. 5. Day care homes and group day care facilities. 6. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance. SECTION 50E. Accessory Buildings. In the Conservation District, any non-agricultural accessory buildings other than garages may not occupy any space other than the rear yard. The total lot area covered by non-agricultural accessory buildings may not occupy more than 1,000 square feet of any required rear yard and shall be not less than 50 feet from any side or rear lot line. Non-agricultural accessory buildings shall in no case exceed 15 feet in height. SECTION 50F. Yard Regulations. In the Conservation District, yards of at least the following dimensions are required, unless otherwise specified: Front Yard - Not less than the average depth of the front yards of buildings immediately adjacent. However, the front yard shall not be less than 50 feet or need it be greater than 75 feet. Rear Yard - Not less than 200 feet in depth. Side Yard - Each not less than 50 feet. SECTION 50G. Building Coverage. No nonagricultural building or buildings on a lot, including accessory buildings, roads, driveways, parking areas, or other paved areas shall be erected, altered, or extended to cover more than fifteen percent of the total lot area. Projections described in Section 66 are not to be included in computing the percentage of lot coverage. SECTION 50H. Size and Area of Lot. Lots in the Conservation District shall meet the following minimum requirements: 5 1. The minimum lot area shall be 7 acres; and 2. The minimum lot width at the street line shall be 300 feet; and 3. The minimum lot width at the maximum required front yard setback line (75 feet) shall be 300 feet; and 4. The minimum lot depth from the highway right-of-way shall be 450 feet. SECTION 50I. Clustering. The Planning Board is hereby authorized by the Town Board of the Town of Ithaca to require clustering of residential units as outlined in the Town's Subdivision Regulations, where clustering will further the purposes of the Conservation District, subject to the following additional requirements: 1. Dwelling units in a clustered development may be, at the discretion of the planning board, in detached, semi-detached, or attached buildings. 2. No more than four semi-detached or attached units shall be permitted to be clustered in any one structure, nor shall that structure be more than three stories high, including the basement or cellar. In any event, the building shall conform to the height limitations applicable to non-agricultural buildings in the Conservation District. 3. Where feasible, on the southwestern side of Six Mile Creek (i.e., on the Coddington Road side of the Conservation District), dwelling units shall be clustered between the former railroad grade and Coddington Road, in order to preserve the natural characteristics and scenic views of the lands adjacent to Six Mile Creek and the City Watershed properties. In such cases, the same number of dwelling units that could have been built on that portion of the parcel between the former railroad grade and Six Mile Creek under the above density requirements when feasible shall be transferred to the portion of the parcel between the former railroad grade and Coddington Road. This provision shall not apply to parcels which are situated entirely between the former railroad grade and Six Mile Creek. SECTION 50J. Additional Requirements and Restrictions. 1. The following activities are specifically prohibited in the Conservation District: (a) The importation for dumping or disposal of snow or ice collected from roadways or parking lots into or within two hundred (200) feet linear distance of any wetland or watercourse carrying water six (6) months out of the year. (b) The location of buildings or structures on slopes of 25 percent or greater, with a minimum horizontal slope length of 25 feet. 6 2. No buildings, structures, paved areas, or storage of construction equipment or machinery shall be located within 50 feet of the centerline of any watercourse carrying water six (6) months out of the year, or within 200 feet of the 100-Year Flood Boundary of Six Mile Creek and Reservoir, identified as "Zone A" on the Flood Insurance Rate Map for the Town of Ithaca, N.Y., Panel 25, prepared by the Federal Emergency Management Agency, within the Conservation District as in effect January 1, 1996. In the case of residential subdivisions, whether conventional or cluster, the no disturbance zone as defined above shall be increased by up to 50% if the Planning Board determines that such an increase is necessary to protect water quality or to minimize the impacts of erosion and sedimentation. No disturbance as listed above shall be located within one hundred (100) feet linear distance of any wetland. During the subdivision or site plan approval process, where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine the potential impacts of development or disturbance on said wetland. For the purposes of this section, wetlands shall mean all freshwater marshes and other wetland types, contiguous to any point of Six Mile Creek or a stream feeding into Six Mile Creek. 3. No buildings, structures, or storage of construction equipment or machinery shall be located within 100 feet of the centerline of the South Hill Recreation Way. 4. The storage and land application of manure for agricultural purposes shall follow established U.S. Agricultural Stabilization and Conservation Service best management practices. Minimum conditions for storage of solid manure are a pad of concrete and a leachate collecting system. The manure storage system should be designed to prevent animal waste from entering any stream or water body. 5. The following apply to vegetation and landscaping: (a) Existing native vegetation shall be maintained to the extent practicable. (b) When landscaping is required by the Planning Board to enhance buffer areas, to replace existing vegetation, or otherwise, native plant materials should be used to the extent practicable. 6. Scenic views, in particular those with viewing points from adjacent roads and from Six Mile Creek and the Gorge, should be preserved using practices such as the following: (a) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings should be sited below the crest or ridgeline of hills to preserve a natural topographic and vegetative profile. (b) Retain existing vegetation to the extent practicable. 7 (c) Retain existing stone walls, fences and other features in open meadows. (d) Regrading should blend in with the natural contours and undulations of the land. (e) Buildings proposed to be located within significant viewing areas should be screened and landscaped to minimize their intrusion on the character of the area. Building materials and color schemes should harmonize with their setting and be compatible with neighboring land uses. (f) Where possible, buildings and structures should be located on the edges of open fields and in wooded areas to minimize visual impacts. (g) Visibility of proposed buildings or structures from public trails within the Six Mile Creek Valley should be considered so as to minimize visual intrusion on views from the public trails. 7. Wildlife habitats and biological corridors should be preserved. Open space linkages should be encouraged to accomplish the above. Open space and conservation easement areas shall be designed with massing and linking as guiding principles. Open space and conservation areas both on and off site should be as contiguous as reasonably possible. 8. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills. The number of driveways accessing public streets shall be kept to a minimum. The appropriate use of common driveways is encouraged. 9. The following shall apply to drainage: (a) The Planning Board may require the preparation and submittal of a stormwater management plan, to be approved by the Town Engineer, for proposed special approval uses and for proposed subdivisions. (b) Existing natural drainageways should be retained where possible. (c) In cases where a retention basin will be required, a landscaping plan shall be prepared and submitted for the Planning Board's approval. Basin landscaping materials that enhance wildlife habitat shall be used to the extent practicable. 10. The following shall apply to lighting: (a) Street lighting shall be provided only where site-specific safety conditions warrant. (b) Where street lighting is required, its location, type, and intensity shall be subject to the Planning Board's review and recommendation to the Town Board for approval. 8 11. Whenever a subdivision of land is proposed in the Conservation District, the Planning Board may require that the non-buildable areas listed above, including wetlands, slopes 25 percent or greater, and streams/watercourses and setbacks, be shown on the preliminary and final subdivision plats. SECTION 50K. Park and Recreation Set-Asides and Fees in Lieu Thereof. Because of the reduced density in the Conservation District, the requirements for maintaining open space, the existing South Hill Recreationway, and the existing and expected additional opportunities for passive recreational activities in the Six Mile Creek Valley, it is anticipated that in the Conservation District normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Subdivision and Zoning Ordinance Regulations including Section 22 of the Town's Subdivision Regulations and any successor or related provisions." Section 2. Rezoning of Lands. The Town of Ithaca Zoning Ordinance as amended is further amended by rezoning the area denominated by shading as "Proposed Conservation District" on the map attached as "Exhibit A" to this local law from its present zoning classification to Six Mile Creek Valley Conservation District. Section 3. Amendment of Zoning Map. The Zoning Map of the Town of Ithaca as adopted by the Town Board and as modified and approved by the Town Board on various occasions through September 20, 1993, as the same may have been subsequently amended to date, is hereby further amended by rezoning the lands described in this local law in the manner set forth in this local law. Section 4. Partial Invalidity. 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 5. Effective Date. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later.