Article IX-L-Lakeshore District. DRAFT Town of Ulysses Lakeshore District September 12, 2012

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1 DRAFT- Town of Ulysses Zoning Law 1 September 12, 2012 Article IX-L-Lakeshore District DRAFT Town of Ulysses Lakeshore District September 12, Purpose The purpose of the Lakeshore District is to protect the fragile environment of the lakeshore, that area east of State Route 89 to the centerline of Cayuga Lake, in accordance with the Town of Ulysses Comprehensive Plan, (2009), and to provide a regulatory framework through which development can occur with minimal environmental impact. Among the important natural and ecological features of the Lakeshore District are steep slopes, mature forests, fragile cliffs, tributaries, and seasonal streams feeding into Cayuga Lake. In recognition of its natural and ecological significance, several areas of the Lakeshore District have been designated as Unique Natural Areas by the Tompkins County Environmental Management Council. The Town has designated a Slope Overlay Area, recognizing the erodibility and instability of certain soils based on their characteristics and slope steepness. Six soil types occur in the Lakeshore and Conservation District and comprise the Slope Overlay Area. It is also the purpose of the Lakeshore District to develop design standards for houses, docks, boat hoists/lifts, and accessory structures that create a harmonious effect for the natural environment and the residents. Nothing in these regulations 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 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. 9.2 Existing Lots New construction associated with a permitted use to be built on an existing lot, which is nonconforming based on lot area requirements of Section 9.7, shall not require an area variance should the new construction meet all setback (front, rear, side) requirements.

2 DRAFT- Town of Ulysses Zoning Law 2 September 12, Permitted Uses In the Lakeshore District, no building or structure other than a fence less than six feet in height shall be erected, altered or extended, and no land or building thereof shall be used for any purpose or purposes other than those listed below. Site Plan Approval, pursuant to the provisions of Article III, Section 3.4, is required in Unique Natural Areas and Slope Overlay Areas. Single-family residences and their accessory buildings. Two-family residences and their accessory buildings. provided that: The floor area of the second dwelling unit is not more than fifty percent of the floor area excluding the basement of the primary dwelling except where the second dwelling unit is constructed entirely within the basement area, it may exceed fifty percent. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements that apply to residences. Land disturbance activities, associated with grading, driveways, and drainage ways, are only allowed after obtaining a building permit for the permitted activity. 9.4 Permitted accessory uses Such necessary uses as are customarily incidental to the permitted uses listed above in this Article, Section 9.2, and Site Plan Approval, pursuant to the provisions of Article III, Section 3.4, is required in Unique Natural Areas and Slope Overlay Areas: Accessory buildings. Elder cottage, subject to the provisions of Article XIX, Section Docks, boat ramps, boat hoists and similar waterfront structures, subject to the design standards in Section below. Open lifts. Temporary buildings, as defined in Article IV Permitted Accessory Uses without Site Plan Approval Such necessary uses as are customarily incidental to the permitted uses listed above in this Article, Section 9.2

3 DRAFT- Town of Ulysses Zoning Law 3 September 12, 2012 Business directional signs, subject to the limitations set forth in Article XIXI, Uses Permitted by Site Plan Approval The following uses are allowed upon approval of a site plan by the Planning Board and subject to the design standards set forth in relevant sections of Article XIX: Adult care, family. Agriculture. Bed and breakfast operations where such is part of the residence. Child care, family. Home occupations, where no more than one person residing off the premises is employed. Professional offices where (a) such office is part of the residence property and (b) no more than three (3) persons residing off the premises are employed onsite. Grading or filling on sites within the Slope Overlay Area or Unique Natural Area, as specified in Section Uses allowed by special permit The following uses are allowed upon (1) Approval of a Special Permit by the Town Board pursuant to Article III, Section 3.2, subject to the design standards set forth in relevant sections of Article XVII and (2) Site Plan Review by the Planning Board. Fire stations or other public buildings necessary to the protection of or servicing of a neighborhood. Restaurants. Publicly or non-profit owned boat launching site, swimming beach, picnic area. Publicly or non-profit owned park or playground including accessory buildings and improvements. Wine tasting facilities. 9.7 Lot area and yard requirements There shall be no more than one principal building on any lot in the Lakeshore District.

4 DRAFT- Town of Ulysses Zoning Law 4 September 12, 2012 Minimum lot area shall be one (1) acre for lakeshore lots and five (5) acres for non-lakeshore lots. Lakeshore lots: Minimum lot width at the Ordinary High Water Line (OHWL) shall be 150 feet and minimum lot width at the road frontage shall be 150 feet for all non-flag lots. Non-lakeshore lots: Minimum width at the front lot line shall be 250 feet. Minimum lot depth shall be 250 feet for lakeshore lots and 450 feet for non-lakeshore lots. Flag lots: Lakeshore flag lots shall meet minimum lake frontage (150 feet) and lot area (1 acre) requirements. Lot area excludes the pole. The pole shall connect to the road, not the lake. Non-lakeshore flag lots shall meet minimum lot area (5 acres) excluding the pole. See Article XVIX, Design Standard Section Minimum setback, front and rear, shall be 50 feet from the highway right-of-way, and 50 feet where the lot abuts the lake; use OHWL for setback measurement. Docks, boat hoists, and boat ramps are permitted within the setback area. The minimum side yard setbacks shall be 15 feet for lakeshore lots and 50 feet for nonlakeshore lots. Maximum building height for the principal dwelling shall be 32 feet above average grade measured at the building perimeter. The maximum footprint of all buildings shall be 4,000 square feet. The minimum setback from a permanent or impermanent stream or wetland edge for any structure or parking area shall be 50 feet for lakeshore and non-lakeshore lots. Driveways that service more than one house shall have a side setback of 15 feet from the lot line. No parking shall occur within 50 feet of the OHWL. The combined dimensions of impermeable walkways and ground level stairs shall be no more than 800 square feet in total area. The above notwithstanding, accessory uses such as docks, boat ramps and boat hoists typically associated with water-oriented recreational pursuits may be built on the lakeshore provided they conform to the standards described in Section 9.7 of this Article and regulations or permits of the United States or New York State.

5 DRAFT- Town of Ulysses Zoning Law 5 September 12, 2012 For the purposes of cluster development on a lakeshore lot, one dwelling unit will be allowed per 150 feet of lake frontage. Additionally, the total number of dwelling units will be limited to the number of acres in the original lot. Building, Lot Area and Yard Requirements Summary Requirement Lakeshore Non lakeshore All building footprints, maximum 4,000 ft 2 4,000 ft 2 Building height, maximum 32 ft 32 ft Lot area, minimum 1 acre 5 acres Lakeshore frontage, minimum 150 ft Not applicable Lot width at road frontage, minimum 150 ft 250 ft Lot depth, minimum 250 ft 450 ft Setback from lakeshore, minimum, measured from OHWL 50 ft Not applicable Setback from road or rear property line 50 ft 50 ft Side yard setback, minimum 15 ft 50 ft Structure or parking area setback from permanent or impermanent stream or wetland 50 ft 50 ft edge, minimum 9.8 Design standards for the Lakeshore District Where otherwise not withstanding in the Town of Ulysses Zoning Law, the following design standards are applicable in the Lakeshore District Docks, boat ramps and boat hoists, moorings, and similar waterfront structures All such structures shall require a building permit. The construction of such structures shall be undertaken in such a way so as not to cause harm to water quality or fish spawning grounds, to reduce the stability of steep slopes, to cause erosion or sedimentation problems, or to infringe on the riparian rights of other neighboring parcels. To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, docks shall not be constructed with rockfilled cribbing, sheet piling, closely spaced piling, or such other construction techniques or materials that would significantly impair water circulation. Every dock, boat ramp or boat hoist shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, or, in the case of concave or convex properties, 20 feet from the water rights lines of those properties, to allow adequate vessel access to neighboring waterfront parcels. The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures shall be minimized and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and Unites States Army Corps of Engineers regulating such activities. All such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements:

6 DRAFT- Town of Ulysses Zoning Law 6 September 12, A short written narrative describing the proposed structure, equipment that will be used, and the construction schedule. 2. A general location map showing the shoreline, the exact location of the proposed project, the nearest street or road and north arrow. 3. An accurately scaled plan-view map showing the existing shoreline defined by the Ordinary High Water Line (OHWL: 384 ft elevation above the National Geodetic Vertical Datum (NGVD) of 1929), property lines and length of property between lines, water rights lines as defined in this Article, Section , north arrow, location and dimensions of existing structures, location and dimensions of proposed structures and fills, and length of waterward encroachment from the OHWL, including any moorings within 100 of the shoreline. 4. An accurately scaled profile showing the OHWL, height of proposed structures above the OHWL, depth of water at waterward end of proposed structures when lake is at the OHWL, and distance of waterward encroachment from the OHWL. 5. A copy of the Army Corps of Engineers Permit for the proposed structures, if required. 6. At the discretion of the Code Enforcement Officer, plans approved by a licensed engineer or architect. 7. All other information required by this section or other laws, rules or regulations for issuance of a building permit Boat hoists Boat hoists may not exceed a 22 ft x 14 ft footprint (including any roof overhang, and the roof peak will not exceed 14 feet from the Ordinary High Water Level (OHWL) of 384 feet. The roof pitch shall not exceed 3/12 (3-inch vertical rise for every 12 inches horizontally). Boat hoists cannot have sides extending below the roof. Boat hoists cannot extend into the lake farther than the dock. Construction of a second floor level under the boat hoist roof is not allowed. No boat hoist may be used as a dwelling, sleeping, lodging or boarding place. Lots are limited to one (1) covered boat hoist Docks The width of any dock shall be a minimum of 3 feet and shall not exceed 20 feet. The length of any dock including all extensions, but excluding and boat hoists, shall extend to a distance offshore from the OHWL no greater than 40 feet or up to 50 feet if necessary to reach a water depth of 6 feet below the OHWL. Any extension, such as an L or T, shall not exceed 20 feet in length or width, including the width of the dock. The maximum surface area of all docks on a waterfront lot shall not, in the aggregate, exceed 375 square feet including all extensions but excluding any boat hoists. Docks shall not be roofed or covered by any structure, except by a boat hoist roof.

7 DRAFT- Town of Ulysses Zoning Law 7 September 12, 2012 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 hoist, shall be provided in such a manner so as to not produce any offensive glare when viewed from the water or the land and shall comply with the requirements of Section 19.5 of the Town of Ulysses Zoning Law. Commercial (for profit) renting, leasing or operation of docks, boat launching ramps or similar uncovered waterfront structures shall be expressly prohibited on a lakeshore residence. The number of docks permitted per each waterfront lot shall not exceed the following: feet or less of water frontage: A total of 1 dock. 2. More than 200 feet up to 400 feet of water frontage: A total of 2 docks. 3. One additional dock is allowed per each 200 feet of water frontage in excess of 400 feet Water rights Water rights lines are determined using the following method to define the default water right line. Points 1-4 and the diagram below are based on the same method used by the Town of Ithaca: 1. Determine the 4 points where the OHWL intersects the property lines of the parcel and the 2 adjoining lakeshore parcels. 2. Connect the points of intersection with straight lines. These lines are called mean high water tie lines.

8 DRAFT- Town of Ulysses Zoning Law 8 September 12, Where 2 mean high water tie lines meet, measure the angle on the waterside. 4. Bisect (or divide by 2) that waterside angle measurement. The newly formed line projected out over the waterside is the water rights line. 5. The landowner/applicant is responsible for securing a survey that defines the water rights line. The water rights line may be altered by agreement of adjoining land owners and the agreed-upon water rights lines will be shown on a survey, signed by the Zoning Officer, and filed with the county clerk. Source: Town of Ithaca, Residential Zoning Law. Note: Only show water right lines for Parcels B and E. For Parcel B, and due to rounding Moorings All moorings shall be within 100 feet of the shoreline at the OHWL and shall only be placed within the water rights line of lakeshore lots. Moorings within 100 feet of the shoreline shall be kept visible on the surface of the water under all conditions. Moorings shall be placed so that objects moored to them, at full swing of their moorings or anchor line, will be no closer than 10 feet to the water rights lines of the property. Maintaining moorings within 100 feet of the shoreline in safe operating condition and visible to boaters shall be the responsibility of the property owner associated with each mooring. No mooring shall be placed or used without the permission of the owner of the controlling lakeshore parcel. The number of private moorings permitted per each waterfront lot shall not exceed the following: feet or less of water frontage: A total of 1 such mooring. 2. More than 100 feet up to 250 feet of water frontage: A total of 2 such moorings.

9 DRAFT- Town of Ulysses Zoning Law 9 September 12, More than 250 feet up to 500 feet of water frontage: A total of 3 such moorings. 4. One additional mooring is allowed per each 150 feet of water frontage in excess of 500 feet Boat ramps The natural beach, as well as an impermanent structure or metal rails on pervious ground may be used for the purpose of a boat ramp. In no case shall any impervious base, such as concrete, asphalt, or macadam be placed on residential property for the purpose of a boat ramp. Pilings may be driven into the natural lake bottom to anchor the structure and to allow the structure to rise and fall with changes in the lake level Streams Permanent and impermanent streams are, and wetlands may become, prominent features of the Lakeshore District and the condition of these water bodies directly affects the health of Cayuga Lake and the various creatures that depend on the water for sustenance. As such, it is the intent of these Lakeshore District regulations to ensure the continued preservation and health of these many Cayuga Lake tributaries for current and future generations. For the purposes of this section, the area of a wetland is defined by both state and federal governing regulations as an area of more than one tenth of an acre. Plowing of salt laden snow from driveways into streams is prohibited. To the extent possible, permanent and impermanent streams shall be protected from sediment, effluent, sewage, and driveway runoff. The proximity of docks to mouths of tributaries should consider natural variation in stream boundary location so as to not interfere with stream flow over time. Stream bank vegetation should be encouraged to minimize erosion. Where necessary, stream banks should be replanted with native species. Flow of water in Cayuga Lake tributaries should not be impeded by human-made structures in or spanning streams. Diverting or altering the course of permanent or impermanent streams shall be prohibited, except where NYSDEC permit is obtained in advance of starting work. Unless otherwise authorized by the Planning Board or state or federal agency, no disturbance as previously listed shall be located within 100 feet of any wetland. During the site plan approval process where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine potential impacts of development on said wetland.

10 DRAFT- Town of Ulysses Zoning Law 10 September 12, Vegetation, landscape and view shed The intent of the Town of Ulysses is to preserve and encourage vegetation, especially noninvasive trees and shrubs, in the Lakeshore District in order to prevent erosion, sedimentation of the lake and streams, and maintain the rural, scenic nature of the Town. While there are no restrictions stated in this section, the intent is to encourage landowners in this district to preserve and encourage vegetation for the benefit of current and future residents of the Town. The intent of the Town of Ulysses is to preserve the natural features of the Lakeshore District and as such, to allow development that uses mechanisms that minimize disruption of the current ecological balance. The Zoning Officer and Planning Board shall review all development with the following guidelines when reviewing a site plan for approval. Requirements: Tree removal is allowed in the Lakeshore District according to the following terms and conditions: (1) Without Town approval: a tree or trees? whose location and conditions combine to make it a threat to human life or property. (The service of a bonded arborist is recommended). (2) With the approval of the Zoning Officer and the possession of a valid building permit: those trees that are in the footprint of a building site, parking area? and the driveway access. (3) With a Woodland Management Plan (prepared in conjunction with a consulting forester registered with the Town) that has been filed with and approved by the Zoning Officer and/or the Town s consulting forester: multiple trees for the landowner s cordwood or lumber use, trees for forest management and forest improvement, and trees for commercial timber harvest. Clear-cutting of forest stands for any use other than necessary minimal clearing for the requirements of a building project is prohibited. Buildings, fences and other structures shall be sited to minimize obstruction of neighbors scenic views. Recommendations: Existing non-invasive vegetation should be maintained to the extent practicable to minimize runoff. Buffer areas proximal to waterbodies are to be promoted using non-invasive plants to protect water resources. Removal of trees for the purpose of expanding a view is discouraged. Removal of trees for the purpose of expanding sunlight exposure is discouraged.

11 DRAFT- Town of Ulysses Zoning Law 11 September 12, 2012 Native plants should be encouraged, especially shrubs and trees that produce edible fruit and nuts for wildlife. Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle, buckthorn, multiflora rose, Russian olive and Norway maple, etc.) is encouraged so long as this effort does not contribute to significant soil disturbance or erosion. Wildlife habitats, biological corridors, contiguous forests, and open space linkages should be encouraged and preserved. Open space and conservation easement areas should be designed with Landscape Ecology as guiding principles. Dead trees that do not pose a threat to life or a healthy forest should be left to provide wildlife habitat for both birds and animals. Native brambles and bushes should be encouraged to provide cover for wildlife. New development should not compromise scenic views, in particular viewing points from adjacent roads and trails. Regrading should blend in with the natural contours and undulations of the land. Siting of buildings should be below ridgelines or hilltops. Where possible, buildings and structures should be located on the edges of open fields to minimize visual impacts. 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 design should harmonize with the natural setting. Building materials and color schemes should harmonize with their setting and be compatible with neighboring land uses Accessory buildings No accessory building shall be greater than 20 feet in height. A single story accessory building less than 144 square feet in gross floor area and less than 15 feet in height (above the average grade measured at the building perimeter) does not require a building permit provided it meets all zoning setback requirements. Accessory buildings for the purpose of enclosing elevators extending from the shore to the top of a cliff or hillside shall be prohibited.

12 DRAFT- Town of Ulysses Zoning Law 12 September 12, Soil and sediment control From a structure or parking area, the minimum setback to permanent and impermanent streams shall be 50 feet, as measured from the top edge of the slope rising from the bank of the stream. See Section of the Town of Ulysses Zoning law. On sites within the Slope Overlay Area there shall be no grading or filling unless: It is determined by the Planning Board that such grading or filling is necessary to protect the shoreline and to prevent erosion. The Planning Board may seek recommendations from a licensed engineer selected by the Town and paid for by the applicant, or Such grading or filling is in conjunction with construction pursuant to a building permit legally issued by the Town Code Enforcement Officer after an engineer selected by the Town 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 or neighboring properties. In addition to the requirements of this article, any construction, grading, or other activities shall be conducted in accordance with any federal, state, or other local law or requirement pertaining to such activity, including but not limited to any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills Driveways and Parking Semi-permeable and permeable surfaces for driveways and parking areas are to be encouraged to minimize runoff and erosion. Driveways and parking areas should follow contour lines of the land as much as possible. Regrading of slopes for parking areas shall be minimized. For safety purposes, parking areas shall be designed and built to avoid the necessity for drivers to back their vehicles onto Route Subdivision in the Lakeshore District The existing requirements for subdivision application and review will be followed and in addition the following will apply:

13 DRAFT- Town of Ulysses Zoning Law 13 September 12, 2012 Simple, minor and cluster subdivisions are permitted. Major subdivisions are not permitted except for cluster subdivisions. For cluster subdivisions, see Aarticle , Town of Ulysses Zoning Law. All subdivisions in the Lakeshore District will be reviewed by the Planning Board. Simple subdivisions in the Lakeshore District will be reviewed by the Planning Board according to Minor Subdivision procedures. In addition to the mapping requirements stated for minor and cluster subdivision application and review; the following will be shown on preliminary and final subdivision maps: Wetlands. Slopes of 25% or greater. Streams/watercourses. Set-backs. Ordinary High Water Line. TO BE ADDED TO ARTICLE IV Definitions Slope Overlay Area: Area in Conservation and Lakeshore Districts where soils are highly erodible because of soil characteristics and/or slope steepness. The soils include the following Map Unit Symbol (Map Unit Name): BtF (Bath, Valois, and Lansing soils, 35 to 60 percent slopes); HpE (Howard and Palmyra soils, 25 to 35 percent slopes); HsD3 (Hudson silty clay loam, 12 to 20 percent slopes, eroded); HuD (Hudson-Cayuga silt loams, 12 to 20 percent slopes); HzE (Hudson and Dunkirk soils, 20 to 45 percent slopes); and Ro (Rock outcrop). The soil survey for Tompkins County (1965) was classified and delineated using second order mapping techniques at a scale that might not be adequate for site level evaluation. An applicant may hire a professional soil scientist/classifier, certified by the American Society of Agronomy, to complete a first order survey of the building site in order to determine the soil suitability for the proposed type of land disturbance. Landscape Ecology: The science of studying and improving relationships between ecological processes in the environment and particular ecosystems. This is done within a variety of landscape scales, development spatial patterns, and organizational levels of research and policy. Unique Natural Area (UNA): Designated by the Tompkins County Environmental Management Council, an area of outstanding environmental qualities that deserves special attention for preservation in its natural state. UNAs are designated for a number of reasons including the following (specific to UNAs in the Lakeshore and Conservation Districts): geologic importance; scenic/aesthetic value; quality example of plant community; rare or scarce plants; old-growth forest; and cultural/historic/archeological site.

14 DRAFT- Town of Ulysses Zoning Law 14 September 12, 2012