HomeMy WebLinkAboutLL 08 of 2012 Stream Setback Provisions TOWN OF ITHACA
LOCAL LAW NO. 8 OF THE YEAR 2012
A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled Zoning, to
Add Stream Setback Provisions and Related Definitions
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:
AGRICULTURAL ACTIVITY -- The production of agricultural products, such as crops,
livestock, poultry and dairy goods, and the preparation or marketing of such products
produced, or derived from products produced, predominantly on-site. Agricultural
activity shall also include practices that allow land used for agricultural activity to lie
fallow for a period not exceeding five consecutive years.
BANKFULL—The condition where streamflow just fills a stream channel up to the top
of the bank and at a point where the water begins to flow over its bank.
IMPERVIOUS SURFACE—Any paved, hardened or structural surface which does not
allow infiltration of water. Such surfaces include, but are not limited to, impervious
streets, driveways,parking lots, and tennis courts, buildings, and swimming pools.
RIPARIAN AREA—An area adjacent to a stream that typically contains trees, shrubs,
and other ground covers.
SELECTION TREE CUTTING—A forestry practice used to create or maintain uneven-
aged stands of trees by periodic removal of individual trees.
SLOPE—The increase in elevation per unit of horizontal distance, expressed as a percent.
STREAM—A watercourse or surface depression characterized by a defined channel and
stream bed that contain rocks or gravel and where water flows perennially or
intermittently; this does not include man-made stormwater conveyances, such as grassy
or rip-rap stabilized swales, roadside ditches, or stormwater management practices.
STREAM BANK—The sides of the active stream channel, usually marked by a break in
slope.
STREAM SETBACK—An area that extends horizontally landward a specified distance
from each side of a stream bank or from its centerline, as set forth in § 270-219.5.D.
STREAM SETBACK MAP—The map, as it may be amended from time to time,
showing applicable minimum stream setbacks (subject to further extensions on a site-
specific basis for streamside wetlands and/or steep slopes) and prepared by the Town of
Ithaca Planning Department.
Adopted on May 7,2012 1
STREAMSIDE WETLAND—The area immediately adjacent to a stream that is
inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Section 2. Chapter 270, Article XXVI of the Town of Ithaca Code, entitled"Special
Regulations," is amended by adding Section 270-219.5 as follows:
"§ 270-219.5 Stream Setback.
A. Findings.
The Town Board of the Town of Ithaca finds that steady population growth and
land disturbance in the Town have resulted in the continual loss of much of its
natural riparian(streamside) vegetation. Properly vegetated riparian areas provide
numerous benefits including:
(1) Riparian vegetation lessens the severity of stream bank erosion because
the deep and extensive root systems of the vegetation hold soil in place;
(2) The soil-root complex of the vegetation filters and absorbs various
chemicals and particulates, keeping them out of streams;
(3) At times of heavy rain or flooding, vegetation slows water runoff velocity
to maintain the streambed and stream bank and lessens the effects of
flooding;
(4) By slowing runoff velocity, riparian vegetation allows recharging of the
ground water;
(5) By reducing the amount of particulates and chemicals in streams that enter
Cayuga Lake, vegetated riparian areas are a cost-effective way to maintain
the quality of this important drinking water source for the Town;
(6) Undisturbed riparian areas provide the space needed to accommodate the
natural meandering of stream channels;
(7) Vegetated riparian areas provide important habitat for birds and other
wildlife and they improve the environment for aquatic species by
stabilizing water temperatures and reducing levels of sediment and
pollutants. These benefits are better realized if non-native invasive plant
species are not present, as these plants tend to crowd out native plant
species, eliminating plant diversity and providing less food, cover, and
shade for those fish and wildlife species that depend on vegetated riparian
areas; and
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(8) Vegetated riparian areas enhance the natural beauty of streams and
preserve scenic values and recreational opportunities.
B. Purpose and Objectives.
The purpose of this section is to promote the public health, safety and general
welfare by establishing requirements for stream set-backs to protect streams, other
water resources, property, and riparian ecosystems within the jurisdiction of the
Town of Ithaca. The objectives of this section are to:
(1) Regulate activities that harm streams and native riparian vegetation, so
that the benefits provided by such vegetation are not lost;
(2) Reduce the amount of sediment, organic matter,pesticides, and pollutants
entering streams;
(3) Protect public and private property from losses due to flood damage and
erosion;
(4) Ensure land use proposals are compatible with the above purposes and
specify land use in areas where standard zoning practices are not adequate;
(5) Allow reasonable use of land that is consistent with responsible land
management and that will conserve and protect streams, riparian
vegetation, and streamside wetlands to the extent practicable;
(6) Recognize the legitimate interests of landowners to make reasonable use
of water resources, and otherwise engage in the use of land for certain
agricultural activities;
(7) Minimize expenditure of public money to reduce stream erosion and
siltation; and
(8) Protect the right of the public to full enjoyment of the recreational
opportunities offered by the Town's streams and by Cayuga Lake.
C. Applicability.
(1) The requirements in this § 270-219.5 apply in all zoning districts in the
Town. To the extent they impose more restrictive requirements than those
in the underlying districts, the requirements of this section apply.
(2) This section shall apply as follows:
(a) For parcels that are 0.5 acre or less as of the effective date of this
section and contain a stream(or portion thereof) described in
Subsection D(1)below, the provisions in § 270-219.5(D)(1), (4)-
(5), and (12)-(15), E(1 3)(a) and(b), H and I shall apply.
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(b) For parcels that are greater than 0.5 acre as of the effective date of
this section and contain at least a portion of a stream setback
described in Subsection D below, all of the provisions in § 270-
219.5 except § 270-219.5(D)(12) shall apply.
D. Stream setback standards.
(1) Stream setbacks are required for those portions of streams that have
upstream drainage areas equal to, or greater than, 35 acres. Streams
covered by this law are shown on the Stream Setback Map, copies of
which are available for inspection or by distribution to the public at Town
offices and on the Town's website. The size of stream drainage areas is
determined by the Town of Ithaca's Geographical Information System
(GIS).
(2) The required setback width at any point along a stream is determined by
the size of the upstream drainage area, the slope of the land adjacent to the
stream, and the existence of any streamside wetland.
(3) The setback shall be composed of two distinct zones. Specified activities
listed in Subsections E and F are prohibited as described in those
subsections.
(4) Streams covered by this section,with their corresponding setback widths
based on drainage area, are found on the Stream Setback Map.
(5) Notwithstanding any other provisions in this subsection, if a road shown
on the Official Map of the Town is located within a stream setback, the
setback shall extend from the stream to the edge of the road right-of-way
or to the deeded road property line and not continue over or past the road
right-of-way or deeded road property line, as applicable.
(6) Definitions and purposes of Stream Setback Zones 1 and 2 (see Figure la
and lb in Appendix A).
(a) Stream Setback Zone 1 is the streamside zone.
[1] The streamside zone is intended to protect the physical and
ecological integrity of the stream.
[2] To assure proper functioning of this zone, vegetation must
remain undisturbed as described in Subsection F.
[3] For streams with upstream drainage areas less than 175
acres, this zone will begin at the stream centerline. For
streams with upstream drainage areas of 175 or more acres,
this zone will begin at the edge of a defined watercourse at
Adopted on May 7,2012 4
the bankfull flow or level mark. (See Appendix A, Figure
2 for a bankf ill depth illustration.) For all streams, this
zone will be measured horizontally landward, along lines
perpendicular to the stream bank or stream centerline at the
relevant starting points, the required distance as determined
by drainage area,presence of streamside wetlands, and
slope, to the beginning of Stream Setback Zone 2.
[4] For streams with upstream drainage areas of 175 or more
acres, certain prohibitions apply to the stream as well as to
Stream Setback Zone 1. See Subsection F below.
(b) Stream Setback Zone 2 is the outer setback zone.
[1] The outer zone is intended to prevent encroachment into
the streamside zone, and to provide distance between
certain developments/activities and the streamside zone.
[2] Vegetation in this zone may vary, but planting of non-
native invasive species is not allowed.
[3] The outer zone will be measured perpendicularly from the
outer edge of Stream Setback Zone 1 and extend
horizontally the remaining distance of the setback as
required by drainage area, presence of streamside wetlands,
and slope.
(7) Required minimum stream setback widths based on drainage area are
shown in Table 1. For streams with upstream drainage areas less than 175
acres, this setback measurement will begin at the stream centerline. For
streams with upstream drainage areas of 175 or more acres, the setback
measurement will begin at the edge of a defined watercourse at the
bankfull flow or level mark. For all streams, the setback will be measured
horizontally landward, along lines perpendicular to the stream bank or
stream centerline at the relevant starting points, the specified distance
required by the drainage area.
Table 1
Minimum Stream Setback Widths Feet
Drainage Area (Acres) Setback Zone 1 Setback Zone 2 Total Setback
Width
> 35 acres and less than 175 acres 20 15 35
> 175 acres and less than 1500 acres 30 20 50
> 1500 acres 50 50 100
Adopted on May 7,2012 5
(8) Where a property has overlapping setbacks because of the proximity of
more than one stream, the more restrictive measures shall apply in the area
of overlap (for example, if part of a property is in Zone 1 for one stream,
and some of Zone 1 overlaps with Zone 2 for another stream, the Zone 1
requirements shall apply in the area of overlap).
(9) If there are no slopes of 25 percent or greater and no streamside wetlands
present within the setbacks required by Table 1, then the total setback
width will be determined on the basis of drainage area alone as indicated
on Table 1.
(10) Setback width adjustment when streamside wetlands exist:
(a) Where streamside wetlands are identified within a stream setback,
the streamside wetland is not counted towards the required setback
width. In these cases, it will be necessary to extend the setback
width beyond that required by Subsection D(7) to make up for the
amount of land excluded due to the existence of streamside
wetlands (see Appendix A, Figure 3). The adjustment in width of
the stream setback shall apply only to the areas on the parcel where
streamside wetlands are located.
(b) Setbacks required by this section may coincide with, and are to be
located and measured without regard to the presence or absence of,
wetland buffers required by federal, state or local law or
regulations, including buffers required by the NYS Environmental
Conservation Law.
(c) Unless the property owner and Town agree on the streamside
wetland delineation, streamside wetlands shall be delineated by a
qualified professional under guidelines established by the U.S.
Army Corps of Engineers and NYS Department of Environmental
Conservation. Delineation is required under this subsection 10 for
streamside wetlands that have been previously identified as well as
for the areas where streamside wetlands may exist due to the
presence of hydric soils or wetland plant indicators.
(11) Setback width adjustments for steep slopes of 25 percent(with a run of
four feet for every foot of rise) or greater.
(a) Where steep slopes (25 percent or greater) are identified within
Stream Setback Zone 1 (as extended, if necessary, due to the
presence of streamside wetlands), that portion of the land
containing the steep slopes within Setback Zone 1 shall not be
counted towards the required setback width. In these cases it will
be necessary to extend the setback width in Setback Zone 1 beyond
Adopted on May 7,2012 6
that required by Subsections D(7) and D(10) to make up for the
amount of land excluded due to the existence of the steep slopes.
Notwithstanding the foregoing, the adjusted width in Setback Zone
1 due to steep slopes shall in no case exceed two times the required
minimum stream setback width specified under Setback Zone 1 in
Table 1. The adjustment in width of the stream setback due to
steep slopes shall apply only to the areas on the parcel where steep
slopes exist. Setback Widths for Zone 2 will remain the same as
specified in Table 1. (See Appendix A, Figure 4.)
(b) Steep slopes of 25 percent or greater shall be determined by using
one of the following resources or methods, as appropriate:
[1] On-site measurement of slopes by registered professional
engineers, surveyors, or landscape architects,using
accepted engineering practices;
[2] Use of two-foot topographic data created with the use of
Light Detection and Ranging (LIDAR)-derived
information;
[3] United States Geological Survey 7.5 Minute Quadrangles;
or
[4] Other resources or methods that Town staff determine are
of similar or greater accuracy than those listed above.
(12) For parcels that are 0.5 acre or less as of the effective date of this section
and contain a stream(or portion thereof) described in Subsection D(1)
above:
(a) Except as concerns the application of herbicides and pesticides, the
required setback width is 15 feet regardless of drainage area size,
and no setback width adjustments are required for streamside
wetlands or steep slopes of 25 percent or greater. With regard to
the application of herbicides and pesticides, the required setback
width is 35 feet regardless of drainage area size, and no setback
width adjustments are required for streamside wetlands or steep
slopes of 25 percent or greater. Within the 35-foot setback, the
application of herbicides and pesticides is prohibited, except as
allowed under § 270-219.5.E(13)(a) and(b);
(b) For streams with upstream drainage areas less than 175 acres, the
setback measurement will begin at the stream centerline. For
streams with upstream drainage areas of 175 or more acres, the
setback measurement will begin at the edge of a defined
Adopted on May 7,2012 7
watercourse at the bankfull flow or level mark. For all streams, the
setback will be measured horizontally landward, along lines
perpendicular to the stream bank or stream centerline;
(c) The only prohibition within the 15-foot setback(in addition to that
applicable to the application of herbicides and pesticides as
described above) is on the construction of new buildings. This
prohibition does not apply to maintenance or repair of buildings.
The replacement, renovation or restoration of buildings that exist
within the setback as of the effective date of this section is also
permitted, provided that the following conditions are met:
[1] The new structure's footprint within the setback is in the
same location and has the same or smaller dimensions as
the replaced,renovated or restored structure's footprint;
and
[2] None of the dimensions of the portions of the structure
located within the setback increase in size.
(13) An applicant will be responsible for delineating and identifying the stream
setback zones on all subdivision applications. In addition, an applicant
will be responsible for delineating and identifying the stream setback
zones on all site plan applications, special permit, special approval and
variance applications, building permit applications, and excavation or fill
permit applications, except if the project limits (which term includes any
soil-disturbing activity, staging, or other development-related activity) are
more than 150 feet from the outer edge of Zone 2, including adjustments
for slopes and wetlands. This delineation shall be done at the time of
submission of any application. This delineation shall be subject to review
and approval by the appropriate board or officer.
(14) The Planning Board shall require the delineation and identification of any
stream setback zones on all subdivision plats and site plans for properties
to which this § 270-219.5 applies. The Planning Board and Zoning Board
of Appeals shall reference any stream setback zones in any special
permits, special approvals or variances they grant. The Planning Board
and Zoning Board of Appeals may require stream setback zone restrictions
to be incorporated into the deeds for properties that contain such setbacks.
(15) The Planning Board, Zoning Board of Appeals, Public Works staff, or
Code Enforcement staff may require, prior to any soil-disturbing activity,
that the stream setback zones be clearly delineated with construction
fencing, staking, or other suitable material by the applicant on site, and
such delineation be maintained in an undisturbed state,until Public Works
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or Code Enforcement staff determine that soil-disturbing activities are
completed within and adjacent to the stream setback zones.
(16) Through the subdivision, site plan review, special permit, special approval
and variance processes, the Planning Board and Zoning Board of Appeals
may require stream setbacks for streams with upstream drainage areas less
than 35 acres where environmental conditions warrant the establishment
of such setbacks. Such environmental conditions may include, for
example, anticipated development impacts on wetlands or vernal pools, or
stormwater management, flooding or pollution problems that the proposed
development is anticipated to create. Where the Planning Board or Zoning
Board of Appeals requires stream setbacks pursuant to this subsection, the
size of the setbacks shall be no larger than that specified in Subsection
D(7) above for drainage areas from 35 to less than 175 acres, and the
prohibited uses in Setback Zones 1 and 2 shall not be any more restrictive
than the prohibitions for the respective zones pursuant to Subsections F
and E below.
E. Prohibited activities in stream setback zone 2.
Unless otherwise permitted by Subsection H, the following structures and uses are
prohibited in Stream Setback Zone 2:
(1) The construction, installation or erection of buildings or other structures
on or after the effective date of this section, except fences and walls that
are in compliance with the requirements in § 270-223. This prohibition
does not apply to maintenance or repair of buildings or other structures;
(2) The construction or installation of parking lots,parking spaces, or
impervious surfaces on or after the effective date of this section, including
impervious terraces, steps,unroofed porches and other similar features
regardless of their height and regardless of§ 270-223.1;
(3) Replacement, renovation or restoration of any structure, unless all of the
following conditions are met:
(a) The new structure's footprint within the setback zone is in the
same location and has the same or smaller dimensions as the
replaced, renovated or restored structure's footprint; and
(b) None of the dimensions of the portions of the structure located
within the setback zone increases in size;
(4) Agricultural activities that begin on or after the effective date of this
section, and agricultural activities beginning before and existing as of the
effective date of this section that thereafter cease for a period of more than
Adopted on May 7,2012 9
one year(or the land thereafter lays fallow for a period of more than five
consecutive years, in the case of land used for agricultural activity that is
lying fallow). Notwithstanding the foregoing, the following agricultural
activities are permitted regardless of when they begin or if they cease for
more than a year and thereafter begin again:
(a) Grazing of livestock, where livestock are allowed by this chapter,
in accordance with a conservation plan approved by the Tompkins
County Soil and Water Conservation District; and
(b) Haying, and growing of crops for commercial, educational,
research or other purposes;
(5) Land-disturbing activities that begin on or after the effective date of this
section, and land-disturbing activities beginning before and existing as of
the effective date of this section that thereafter cease for a period of more
than one year. Notwithstanding the foregoing, the following land-
disturbing activities are permitted regardless of when they begin or if they
cease for more than a year and thereafter begin again:
(a) Mowing and maintenance of lawns and sports fields, landscaping,
and gardening, provided that for activities beginning on or after the
effective date of this section, non-native invasive species are not
planted and such activities do not harm the riparian area;
(b) Construction of stormwater ponds and wetlands;
(c) Demolition of structures;
(d) Emergency slope stabilization; and
(e) Non-emergency slope stabilization and restoration,provided that:
[1] The property owner consults with either a qualified
professional engineer or the Tompkins County Soil and
Water Conservation District about the stabilization project;
[2] The Town approves the relevant Stormwater Pollution
Prevention Plan (SWPPP)required by Chapter 228, or a
Simple Erosion and Sedimentation Control Plan if no
SWPPP is required by Chapter 228;
[3] The property owner complies with the requirements of
Chapter 157, Flood Damage Prevention, if the project takes
place in an area of special flood hazard; and
Adopted on May 7,2012 10
[4] The property owner complies with the applicable
requirements of§ 270-217 regarding the deposit or removal
of fill or related products;
(6) Motorized recreational activities, except for:
(a) Use of motorized golf carts on golf courses existing as of the
effective date of this section; and
(b) Use of motorized wheelchairs and scooters for the mobility-
impaired;
(7) Shelters and blinds associated with hunting, recreational, educational and
agricultural activities that are erected on or after the effective date of this
section, except for temporary blinds that are in place for a period of no
more than 180 days within a 12-month period on any parcel;
(8) Installation of utility lines and connections, such as water, sewer, electric,
gas, telephone and cable lines and connections, on or after the effective
date of this section, except the following shall be allowed:
(a) Installation of water wells and connections;
(b) Utility lines and connections for one-family and two-family
dwellings;
(c) For uses and structures other than one-family and two-family
dwellings, the installation of utility lines and connections is
permitted only upon receipt of a special permit for same from the
Planning Board in accordance with the procedures set forth in this
chapter; and
(d) Repair and replacement of utility lines and connections;
(9) Tree cutting and disturbance of vegetation, except for:
(a) Selection tree cutting that maintains the protective function of the
setback zone;
(b) Disturbance of existing vegetation to:
[1] Remove diseased, damaged or dead trees or shrubs or non-
native invasive vegetation;
[2] Remove vegetation in a proactive effort to minimize the spread
of disease; or
Adopted on May 7,2012 11
[3] Remove vegetation that presents safety or health hazards;
(c) Pruning of trees and vegetation;
(d) Restoration of riparian habitat and native vegetation; and
(e) Development of a narrow permeable (non-paved) footpath within
the stream setback;
(10) Deicing of impervious and pervious surfaces, if more than the minimal
amount of deicing material necessary to maintain vehicular and pedestrian
safety is applied to the surface;
(11) Dumping or disposal of snow or ice collected from roadways or parking
lots located wholly outside a stream setback zone;
(12) Installation of outlets from stormwater management practices and footer
drains on or after the effective date of this section, except where sheet
flow or infiltration is not practical and areas disturbed by such outlets are
revegetated;
(13) Application of herbicides,pesticides, fertilizers or other chemicals, except
the following applications are allowed:
(a) The selective application of herbicides to control non-native
invasive species, and the selective application of pesticides to
protect native plant species; and
(b) Application of herbicides, pesticides, fertilizers or other chemicals
for the protection of human or animal safety, or for agricultural
purposes for farms, in accordance with product label instructions
and pursuant to applicable New York State laws and regulations;
(14) Mining or removal of soil, sand and gravel, and quarrying of raw
materials, except where the New York State Department of Environmental
Conservation has issued a permit expressly allowing such activities on the
parcel;
(15) Outdoor waste storage and outdoor deposition of waste, including but not
limited to garbage, refuse, recyclable materials,tires, rubble, discarded
motor vehicles, discarded appliances and other bulk items, except:
(a) Ordinary household trash temporarily stored in a covered garbage
can;
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(b) Ordinary household recyclables set out at curbside for pickup; and
(c) Composting of residential materials.
(16) Outdoor storage or disposal of hazardous or noxious materials;
(17) Storage or disposal of manure;
(18) Installation of septic tanks or septic drain fields on or after the effective
date of this section.
F. Prohibited activities in stream setback zone 1 and streams.
Unless otherwise permitted by Subsection H, the following structures and uses are
prohibited in Stream Setback Zone 1 and in streams:
(1) All uses and activities prohibited by Subsection E above;
(2) Mowing and maintenance of lawns and sports fields, landscaping and
gardening, where such activity begins on or after the effective date of this
section, or such activity begins before and exists as of the effective date of
this section and thereafter ceases for a period of more than one year;
(3) Grazing of livestock, where grazing begins on or after the effective date of
this section, or grazing begins before and exists as of the effective date of
this section and thereafter ceases for a period of more than one year;
(4) Composting of residential materials, unless they are contained in such a
way that does not allow leaching;
(5) Construction of stormwater ponds and wetlands;
(6) Installation of water wells and connections;
(7) Haying, and growing of crops for any purpose, where such activity begins
on or after the effective date of this section, or such activity begins before
and exists as of the effective date of this section and thereafter ceases for a
period of more than one year;
(8) Dredging, deepening, widening, straightening or any such alteration of the
beds and banks of natural streams, except where:
(a) The New York State Department of Environmental Conservation
has issued a permit expressly allowing such activities on the
parcel; or
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(b) Dredging is performed to maintain dam safety or operational
effectiveness;
(9) Stream bank stabilization, unless all of the following conditions are met:
(a) The property owner consults with either a qualified professional
engineer or the Tompkins County Soil and Water Conservation
District about the stabilization project;
(b) The Town approves the relevant Stormwater Pollution Prevention
Plan (SWPPP)required by Chapter 228, or a Simple Erosion and
Sedimentation Control Plan if no SWPPP is required by Chapter
228;
(c) The property owner complies with the requirements of Chapter
157, Flood Damage Prevention, if the project takes place in an area
of special flood hazard; and
(d) The property owner complies with the applicable requirements of§
270-217 regarding the deposit or removal of fill or related
products;
(10) Construction of the following types of crossings on or after the effective
date of this section:
(a) Crossings of streams through the stream setback by driveways,
roadways, vehicles, pathways, bridges, storm sewers, sewer and/or
water lines, and other utility lines, except for crossings that are
built substantially perpendicular to stream flow, are designed to
minimize downstream siltation and negative impacts to the stream
and setback zones, and, in the case of utility line crossings, the
utility lines are otherwise permitted by Subsections E(8) and F(1);
(b) Livestock stream crossings, except for crossings that are
constructed and maintained to minimize negative impacts to the
stream and setback zones with fencing substantially perpendicular
and through the setback to direct animal movement.
G. Prior nonconforming uses and activities.
The provisions of§ 270-204 relating to nonconforming uses of land shall not
apply to uses and activities prohibited by Subsections E and F above.
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H. Transition provisions.
(1) The prohibitions in Subsections D(12), E and F above against construction
of new buildings and structures in setback zones shall not apply to the
following buildings and structures:
(a) For buildings and structures that require site plan approval,
subdivision approval, special approval, and/or special permit, the
prohibitions shall not apply if completed applications for all
necessary approvals for site plan, subdivision, special approval,
and special permit have been submitted before the effective date of
this section, provided such applications are thereafter diligently
prosecuted to completion; and
(b) For buildings and structures that do not require site plan approval,
subdivision approval, special approval, or special permit, the
prohibitions shall not apply if all necessary building permits and
fill permits have been issued before the effective date of this
section.
(2) For the purposes of this section only, an application shall be deemed
"completed" if it contains all required information, materials, initial SEQR
forms and fees normally and reasonably required by the appropriate Town
official(s) (e.g., Director of Planning with respect to subdivision, special
permit, and site plan approval applications, and the Director of Code
Enforcement with respect to special approval applications) to commence
the review process by the appropriate Town board. An application shall
be deemed "diligently prosecuted to conclusion" if the applicant promptly
responds to any inquiries and promptly supplies any additional
information reasonably required by the reviewing Town officials and/or
boards, appears at all required scheduled public hearings, and otherwise
cooperates so as to permit and enable the appropriate Town boards to
adequately and completely review the application and render a decision on
same within a reasonable period of time of its submission, and in any
event within 12 months of its submission.
L Variances.
The Zoning Board of Appeals may grant variances from the requirements of this
section pursuant to § 270-235 of this chapter. A variance from the requirements
of this section is an area variance, provided any use proposed to be located within
the stream setback is a permitted use in the relevant zoning district. In addition
to the items required by the Town for all variance applications, the applicant shall
provide a proposed mitigation plan that offsets the effects of the proposed
encroachment into the stream setback, if such a plan is possible for the parcel that
is the subject of the variance application. Where a Planning Board approval (such
Adopted on May 7,2012 15
as site plan, subdivision or special permit approval) is also sought pursuant to the
provisions of this chapter, the Planning Board shall make a recommendation to
the Zoning Board of Appeals on any proposed mitigation plan that is submitted to
the Zoning Board of Appeals in connection with a variance application. Failure
of the Planning Board to make a recommendation before the Zoning Board of
Appeals must act as required by law shall not preclude action by the Zoning
Board of Appeals nor otherwise affect the validity of any actions taken by the
Zoning Board of Appeals."
Section 3. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 4. This local law shall take effect immediately upon filing with the New
York Secretary of State.
Adopted on May 7,2012 16
APPENDIX A
Section 270-219.1 of Town of Ithaca Code
Stream Setback Law
Stream Setback Stream Setback Outside Stream
Zone,1 I Zone 2 Setback Zone
Stream A,
W i W i W
centerline 50%of stream channel No Impervious development
& zone of undisturbed impervious allowed
vegetation surfaces
Figure la—Stream Setback Zones 1 &2 for small streams requiring measurement from
the stream centerline.
Stream
Channel
. I
Stream Setback i Stream Setback 1 Outside Stream Setback
Zone 1 1 Zone 2 I Zones
�J
Stream bankfull Zone of undisturbed I No impervious Impervious development
flow mark Vegetation surfaces allowed
Figure lb–Stream Setback Zones 1 &2 for larger streams requiring measurement
from the bankfull flow mark.
Perennial Vegetation
Annual Vegetation
Bankfull Depth
Floodplain \��.- . ..-. . -.-. .
Low Flow Depth /
,J
�— Bankfull Width
Figure 2–Bankfull Depth Illustration
Revised 4/25/12
Stream Channel
'•' , Zone 1 begins here
at the edge of the
Streamside streamside wetland.
� Wetland
Stream i
centerlinei 1 .............................. ........................................................................ .....................................0.
Not counted Zone 1 Setback adjusted width Zone 2 Setback
toward Setback
V
.� Shown measured from stream bankfull mark;
Could also be measured from stream centerline when required
Figure 3—Stream Setback adjustment for streamside wetland
The adjusted Setback width for
steep slopes will be no more than
two times the minimum required
width of Setback Zone 1.
.� 5010
S�°fie
Stream Channel Zone 2 Setback width does not change
" "
from the minimum required. However,
x feet of slope Added"x"feet the location now begins at the end of
Not counted toward the adjusted width for Zone 1.
setback
Stream : r...........................................................................................��.......................................................�
centerline ; ; Zone 1 Setback adjusted width for steep slope Zone 2 Setback
i
V
�A, Shown measured from stream bankfull mark;
Could also be measured from stream centerline when required
Figure 4—Stream Setback adjustment for 25%slope or greater
Revised 4/25/12