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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 06/17/09 1 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: 06/17/09 2 (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. 06/17/09 3 (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). 06/17/09 4 (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 06/17/09 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°). 06/17/09 6 r 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." 06/17/09 7 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: 06/17/09 "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." 06/17/09 9 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. 06/17/09 11