Town of
Royalton
Niagara County, NY
 Calendars 

Public Hearing Notices

Mon, Feb 10, 2020
Times:
TOWN OF ROYALTON
NOTICE OF PUBLIC HEARING
 
PLEASE TAKE FURTHER NOTICE that the Town Board of the Town of Royalton will meet on February 10, 2020, at 7:00 p.m. at the Town Hall, 5316 Royalton Center Road, Middleport, New York 14105, to hear and consider adoption of Local Law No. 1 of 2020 of the Town of Royalton which would amend the Town of Royalton Code as follows: “Local Law Imposing a Six Month Moratorium On Placement and/or Construction of Commercial Solar Energy Projects.” No applications for construction of Commercial Solar Energy Projects or for approvals for a site plan, variance, special use permit or other permit shall be considered by any board, officer, or agency of the Town of Royalton while the moratorium imposed by this Local Law is in effect. The moratorium imposed by this Local Law shall be in effect for a period of six months from the effective date of this Local Law, or until the passage of a zoning amendment incorporating an Escarpment Overlay District, whichever is first.
Please take further notice that the environmental significance of the proposed Local Law will be reviewed at said public hearing.
 
A copy of the proposed Local Law is on file at the Town Clerk's Office located at the Town Hall, 5316 Royalton Center Road, Middleport, New York, 14105, and may be viewed during regular business hours. All parties in interest and citizens will be heard at the public hearing to be held as aforesaid.
 
PLEASE TAKE NOTICE that the Town Board of the Town of Royalton will meet on February 10, 2020, at 7:00 p.m. at the Town Hall, 5316 Royalton Center Road, Middleport, New York 14105, to hear and consider adoption of Local Law No. 2 of 2020 of the Town of Royalton which would amend the Town of Royalton Code and its Zoning Map as follows:
 
Addition to Code. The Code of the Town of Royalton is amended by the addition of the following:
§ 200-37.1 Niagara Escarpment Overlay District (NEO)
A. Purpose and Intent
(1). Purpose. The Niagara Escarpment Overlay District is hereby established as a district which overlaps and overlays existing base zoning districts, the extent, and boundaries of which are as indicated on the official zoning map for the Town. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. The uses of the underlying standard zoning district shall remain in force.
The following property is to be re-zoned and designated as the NEO Niagara Escarpment Overlay District ("Niagara Escarpment Overlay District"): Bounded on the west by the West line of the Town of Royalton; bounded on the north by the North line of the Town of Royalton; bounded on the east by the East line of the Town of Royalton; bounded on the south, going from east to west, by Mountain Road to its intersection with Gasport Road, then south on Gasport Road to the intersection of Gasport Road and Mill Road, then west on Mill Road
to its intersection with Kayner Road, then south on Kayner Road a distance of approximately 1000 yards, then West at a 90° angle to Kayner Road to the intersection of the West line of the Town of Royalton. The above description is a description en grosse and is subject to more definite location based on the definitions below and the attached map.
 
(2). Intent. The Niagara Escarpment Overlay District is intended to protect the public health and safety by minimizing development in areas prone to unwanted soil erosion and groundwater contamination, and on sites difficult to develop in a safe manner, and promote the general welfare by preserving unique and valuable geologic, archaeological and historic sites, and other natural resource features of the town. The regulations of the Escarpment Overlay District are based on a shared community vision defined within the comprehensive planning process that calls for protection of natural resources and unique geologic features found within the Town.
The intent of these regulations is to:
(a). Promote safe conditions by preventing placement of roads on highly inclined surfaces.
(b). Preserve Escarpments as landmark features that contribute to the scenic diversity and attractiveness of the Town.
(c). Preserve flora and fauna habitats.
 
(3). General Protection Policies. It is the policy of the Town that the beneficial functions, structures, and values of critical areas be protected, and,
further, that potential dangers or public costs associated with inappropriate use of such areas be eliminated or reduced by reasonable regulation.
 
(4). Applicability. These requirements shall be in effect in all properties that fall within the boundaries of the Niagara Escarpment Overlay. No application involving the Niagara Escarpment area shall be approved unless it is determined to be in compliance with the provisions of the Niagara Escarpment Overlay. The standards of the Niagara Escarpment Overlay shall be applied in addition to other applicable requirements of the Code of Ordinances. Whenever other requirements of the Code of Ordinances conflict with the requirements of this Ordinance, the most stringent requirements shall govern. Compliance with this Ordinance shall not remove any obligations with respect to applicable provisions of any other federal, state, county or Town regulation.
 
(5). Identification of Protection Areas. Upon submittal of a triggering application, the Building Inspector shall determine the probable existence of the Niagara Escarpment Overlay on the parcel involved in the application.
 
B. Permitted Uses
(1). Principal Uses shall be those permitted in the underlying zoning district. Uses prohibited in the underlying zoning district are also prohibited in the Niagara Escarpment Overlay District.
 
(2). Construction of ponds subject to Section 200-18 herein. Due to the unique nature of the Escarpment, any application for a building permit for a pond shall be accompanied by a geotechnical report prepared by a New York State licensed professional engineer in such detail and with such other information as
may be required by the Town, which shall review the application and accompanying documentation to determine whether or not the application is complete. Said report shall adequately address subsoil conditions, identify and assess the impact of the proposed pond upon natural water springs and groundwater patterns and provide recommendations for mitigating negative impacts, if any, upon surrounding properties. The Town shall consult with the Town Engineer as needed in its review of the foregoing.
 
(3). Building of homes or structures is permitted in the escarpment district. However, no home or structure shall be constructed, nor shall there be permitted storage of equipment, vehicles, machinery or debris of any kind, less than 80 feet from the south edge of the escarpment shelf (defined as the southerly boundary of steep rock land within the Escarpment District as described in the Niagara County Soils survey report published by the U. S. Agriculture Soils Conservation Service as having a slope of more than 15 percent) nor less than 80 feet from the northerly edge of the escarpment base (defined as the northerly boundary of steep rock land within the Escarpment District as described in the Niagara County Soils survey report published by the U. S. Agriculture Soils Conservation Service as having a slope of more than 15 percent).
 
(4). Home Occupations
C. Uses Requiring a Special Use Permit
Uses requiring a Special Use Permit shall be those permitted in the underlying zoning district.
D. Additional Standards for the Niagara Escarpment Critical Area. The purpose of regulating the Niagara Escarpment area is to promote safe conditions by preventing development that requires that requires the placement of roads on steep inclines, to protect the integrity of groundwater resources subject to pollutant infiltration through crags in the bedrock surface, to preserve the area as a unique, visually prominent geologic feature that contributes to the diversity of landscape in the Town, and to preserve the functions of the Escarpment area as a critical wildlife corridor.
 
(1). Regulated Area. A buffer area extending 80 feet in each direction (total buffer width = 160 feet) from the ridgeline of the Niagara Escarpment as generally depicted in the Niagara County Soils survey report published by the U. S. Agriculture Soils Conservation Service. The term ridgeline is defined as the ground line located at the highest elevation of the ridge, within the buffer area, and running parallel to the long axis of the ridge.
 
(2). Prohibited or Regulated Activities.
(a). All quarrying, sand and gravel pits and other nonmetallic mining activities are prohibited in the Regulated Area.
(b). No telecommunication tower located in the Regulated Area shall be located within five thousand (5,000) feet of an existing telecommunication tower; said distance to be measured by a straight line from the base of the nearest existing tower to the base of the proposed tower site.
(c). No portion of any building or structure shall be constructed to extend above the highest point of the ridgeline nearest to the building site unless the proposed construction will be screened from public view from below by existing mature vegetation.
(d). Existing mature vegetation along the ridgeline shall be preserved to the greatest extent possible.
(e). Significantly visible rock outcroppings shall be preserved and incorporated into site design to the greatest extent possible.
(f). Grading shall create a naturally-sloped effect that conforms to the topography of the site. Disturbed areas shall be replanted with common vegetation.
 
E. Site Plan Required
A site plan prepared in accordance with Section 200-84 of this Ordinance and a U.S. Geological Survey (USGS) topographical map coverage of the Lot and the surrounding area are required for all uses. Site plan indicating the location, design, and size of the construction in relationship to existing land features, together with proposed site grading plan. In the event that a proposed site grading plan requires excavation or fill within the drip line of existing trees, the plan shall be accompanied by a report from a certified nursery stating what measures will be taken to avoid detrimental effects on the trees.
The site plan shall be processed as a minor subdivision of the Town of Royalton as set forth in the Regulations of the Town. No building permit shall be issued by the Town Building Inspector until this process is complete and approval given by
the Planning Board, which may require in its discretion, a geotechnical report prepared by a New York State licensed professional engineer. The report shall address subsoil conditions, underground water sources as impacted by the proposed construction and make recommendations for mitigation of negative impacts which may occur.
 
F. Special Requirements
(1). No roads or driveways shall be placed on slopes of 30-39 percent unless the roads or driveways are placed parallel to the Escarpment face. No roads or driveways shall be placed on slopes of 40 percent or greater.
(2). The clearing of trees, shrubbery, undergrowth, and other ground cover located within Escarpment protection areas shall be permitted for:
(a). Building footprints
(b). Sites for wastewater disposal systems
(c). Driveways, not to exceed 20 feet in width
(d). The area on a lot, excluding the Escarpment Crest and Escarpment Face, extending not more than 15 feet from the exterior walls of Principal Buildings and 10 feet from Accessory Building.
 
(3). In the area on the balance of the lot selective removal of trees, shrubbery, undergrowth, and other ground cover is permitted provided that:
(a). General clearing of wooded areas, the intentional destruction of living trees and top cutting (cutting off the top portion of a living tree) is prohibited in this district. However, selective clearing of heavily wooded areas shall be permitted, as hereinafter stated. The Building Inspector of the Town of Royalton
may issue a permit for selective clearing of such areas, after approval by the Planning Board, such clearing is necessary for an aesthetic or some other legitimate purpose. Nothing hereunder shall be construed to prohibit the removal of fallen dead trees in the escarpment district, for which no permit hereunder shall be required.
(b). Relocation, filling or piping of natural drainage ways for the purpose of constructing homes, structures or septic systems is prohibited.
(c). Any use except as permitted herein shall be prohibited.
(d). No more than 30 percent of this area on the lot shall be cleared.
(e). The clearing of the 30 percent described above shall not result in strips of cleared openings of more than 30 feet in any 100-foot wide strip nor create a cleared opening strip greater than 30 feet wide.
(f). In the remaining 70 percent of this area, cutting and pruning shall leave sufficient cover to screen vehicles, dwellings, and other structures.
(g). Unless further restricted in the existing underlying zoning district, no structure shall exceed 35 feet in height, or have a height greater than the height of the highest tree on the lot, whichever is lowest. In the event there are no trees on the lot, the height limitation shall be as identified existing underlying zoning district.
(h). The placement of a structure on an escarpment shall also be subject to the requirements in existing underlying zoning district.
(i). The maximum impervious surface on the lot shall be 25%.
(j). Unmarked graves, effigy and burial mounds shall not be intentionally disturbed, and, all runoff shall be diverted away from any known grave, effigy and burial mound.
(k). Setbacks: There shall be minimum 25-foot setback from the Escarpment Crest of the Niagara Escarpment. The Escarpment Crest shall be established by means of a site inspection by the Code Enforcement Officer, the location of which will be plotted by the applicant on the site plan.
 
G. Definitions:
Escarpment - a steep slope, or series of cliffs or steep slopes, which faces in one general direction, breaks the continuity of the land by separating two comparatively level or more gently sloping surfaces and is produced by erosion or by faulting.
Escarpment Environment - the physical, natural, visual and cultural heritage features associated with the Escarpment landscape.
Escarpment Crest - the uppermost point of the Escarpment slope or face. It may be the top of a rock cliff, or where the bedrock is buried, the most obvious break in slope associated with the underlying bedrock.
Escarpment Face (Slope) - the area between the crest of the Escarpment and usually characterized by a steep gradient. Where the rise occurs in the form of a series of steps, the slope also includes the terraces between the steps.
Escarpment Toe (Base) - the lowest point on the Escarpment slope or face determined by the most obvious break in slope associated with the bedrock or landforms overlying the bedrock.
Lot - means a parcel of land;
a. Described in a deed or other document legally capable of conveying an interest in land, or
b. Shown as a lot or block on a registered plan of subdivision.
 
Niagara Escarpment - a discontinuous bedrock-controlled, geomorphic feature composed of any outcrops that form a rock ridge or series of ridges at the bedrock surface along the 'western' edge of the Silurian ('Niagaran') outcrop belt.' - J. Kluessendorf, D. Mikulic, 2000.
Protection - ensuring that human activities are not allowed to occur which will result in the unacceptable degradation of the quality of an environment.
Ridgeline - the ground line located at the highest elevation of the ridge, within the buffer area, and running parallel to the long axis of the ridge.
Zoning Ordinance - regulates and restricts the use of property through establishment of districts for the purpose of regulating: 1.) the location and use of land, water, buildings, and structures, 2.) the height and size of building structures, 3.) the percentage of a lot that may be occupied, 4.) the density of the population, and 5.) the size of lots.
 
Zoning Overlay - a special resource or development area with new provisions that apply in that area in addition to the provisions of the zoning ordinance. Overlay zones build on the underlying zoning, by establishing additional or stricter standards and criteria; the standards of the overlay zone apply in addition to those of the underlying zoning district.
 
Please take further notice that the environmental significance of the proposed Local Law will be reviewed at said public hearing.
 
A copy of the proposed Local Law is on file at the Town Clerk's Office located at the Town Hall, 5316 Royalton Center Road, Middleport, New York, 14105, and may be viewed during regular business hours. All parties in interest and citizens will be heard at the public hearing to be held as aforesaid.
PLEASE TAKE FURTHER NOTICE that the Town Board of the Town of Royalton will meet on February 10, 2020, at 7:00 p.m. at the Town Hall, 5316 Royalton Center Road, Middleport, New York 14105, to hear and consider adoption of Local Law No. 3 of 2020 of the Town of Royalton which would amend the Town of Royalton Code to create an "Engineering Cost Recovery Law." The Town has established, through local legislation, a process of approval for site plan review, the creation of subdivisions, the dedication of roads, easements and procedure for drainage, water and sewerage facilities, and the issuance of variances and special permits and rezoning of property for the benefit of applicants for such improvements. From time to time, the Town's Engineer or consulting engineers provide engineering and SEQRA review prior to the approval of certain permits, variances, and other authorizations. The engineering cost recovery fee shall be set at a rate which is fair and just to the applicant and pay the costs of engineering to the Town and SEQR review, as allowed by the cost recovery purposes of the SEQR regulations.
Please take further notice that the environmental significance of the proposed Local Law will be reviewed at said public hearing.
 
A copy of the proposed Local Law is on file at the Town Clerk's Office located at the Town Hall, 5316 Royalton Center Road, Middleport, New York, 14105, and may be viewed during regular business hours. All parties in interest and citizens will be heard at the public hearing to be held as aforesaid.
 
BY ORDER OF THE TOWN BOARD
SUPERVISOR
TOWN OF ROYALTON
MARIE L. LITTLE, MMC/RMC,
TOWN CLERK, TOWN OF ROYALTON