§ 220-8. Steep slope protection., Article III. General Provisions Applicable to All Districts, Chapter 220. Zoning, Part II. General Legislation, Code of Ordinances, Canandaigua, Town

Purpose: The purpose of this Steep Slope Protection section is to conserve the sensitive environment of steep slope areas, and to regulate land use within these areas in a manner which protects the public interest by minimizing detrimental effects of land disturbance and development to steep slopes by:

(1)

Providing for the reasonable use of steep slopes while ensuring development will not induce soil erosion, unreasonably alter the natural topography of the area, require excessive grading, increase slope instability, increase stormwater runoff, contaminate surface waters or create onsite sewage treatment problems.

(2)

Guarding against property damage and personal injury;

(3)

Minimizing the potential for erosion, slope failure, stream siltation, increased stormwater runoff, flooding, contamination of surface waters; and protecting the water quality of Canandaigua Lake and other downstream bodies of water.

(4)

Conserving existing steep slope woodlands for air and water quality benefits and the preservation of wildlife habitats.

Steep slope protection areas (SSPA).

(1)

The steep slope protection areas shall include all lands having slopes 15% or greater.

(2)

Steep slope protection areas are further categorized as:

(a)

Moderately steep: 15% to less than 25% slope;

(b)

Very steep: 25% to less than 40% slope; and

(c)

Extremely steep: 40% or greater slope.

Activities within a steep slope protection area requiring site plan review.

(1)

The following activities require site plan approval through the Town of Canandaigua Planning Board, pursuant to § 220-64, when located in a steep slope protection area except where specifically exempt in § 220-8C(2):

(a)

Zone A: 500 square feet or greater of land disturbance within 2,000 feet horizontal distance from the mean high water mark of Canandaigua Lake.

(b)

Zone B: 500 square feet or greater of land disturbance within 100 feet horizontal distance from any open watercourse.

(c)

Zone C: 2,000 square feet or greater of land disturbance occurring beyond the horizontal distance stipulations in Zones A and B above.

(d)

All zones: Any prohibited use or activity, as specified in § 220-8D that would create a land disturbance of less than 500 square feet for Zones A and B and create a land disturbance of less than 2,000 square feet for Zone C.

(2)

The following activities are exempt from the site plan approval required for steep slope protection areas:

(a)

Soil cultivation for agricultural purposes and home gardens.

(3)

All land disturbance that occurs on the steep slope protection area portion of the parcel within two years shall be used to calculate the total area of land disturbance.

Permitted and prohibited uses and activities within a steep slope protection area.

(1)

Moderately steep slopes (15% to less than 25%).

(a)

Permitted uses and activities on moderately steep slopes (15% to less than 25%): all permitted uses allowed in the underlying zoning district except for those uses and activities prohibited in § 220-8D(1)(b) and not prohibited by any other Town law are allowed within this slope category.

(b)

Prohibited uses and activities on moderately steep slopes (15% to less than 25%): The following uses and activities are specifically prohibited on moderately steep slopes if the land disturbance is greater than the threshold for the applicable zone as specified in § 220-8C(1):

[1]

Removal of existing ground cover and root systems except when related to a permitted use.

[2]

Solid waste disposal, recycling uses, junkyards, or other similar outdoor storage use.

[3]

Installation of an accessory structure, except for driveways, that requires greater than 4,000 square feet of land disturbance within the steep slope protection area.

(2)

Very steep slopes (25% to less than 40%).

(a)

Permitted uses and activities on very steep slopes (25% to less than 40%): The following uses and activities are permitted within this category provided that each use or activity is in compliance with the regulations of the underlying district and is not prohibited by any other Town law.

[1]

One single-family residence with attached or detached garage.

[2]

One driveway to serve the residence and garage (driveways must comply with the Town Private Driveways and Private Roads Law as well as the Town site design criteria).

[3]

Trams and/or stairs as may be needed to access another elevation on the property.

[4]

Onsite wastewater treatment system. This must first be reviewed for location viability by local authorities, followed by design approval by the Watershed Inspector, DEC and/or the New York State Department of Health.

[5]

Utility transmission lines and aboveground utility line structures unless upon petition of a public utility corporation, the New York State Public Utility Commission shall, after public hearing, decide that the presence of such proposed lines or structures in question is not reasonably necessary for the convenience or welfare of the public.

[6]

New or expanded paths developed specifically for golf carts, ATVs or other similar small vehicles, maximum path width to be six feet.

[7]

Detached accessory structures.

[8]

Those uses and activities otherwise prohibited by § 220-8D(2)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).

(b)

Prohibited uses and activities on very steep slopes (25% to less than 40%): If the land disturbance in this slope category is greater than the threshold for the applicable zone as specified in § 220-8C(1), the following uses and activities are specifically prohibited:

[1]

All items prohibited on moderately steep slopes.

[2]

All terraced landscaping, with or without retaining walls, not directly required to construct items listed under § 220-8D(2)(a).

[3]

Resource extraction uses.

[4]

Stormwater retention basins.

[5]

Installation of an accessory structure that requires greater than 2,000 square feet of land disturbance on slopes 25% or more.

(3)

Extremely steep slopes of 40% or more.

(a)

Permitted uses and activities on extremely steep slopes of 40% or more: The following uses and activities are permitted within this category provided that each use or activity is in compliance with the regulations of the underlying district and is not prohibited by any other Town law:

[1]

The construction of new stairs and/or new tramways as required for access to an allowable building site, existing residence, elevation change on the property or to the waterfront for lakeside property.

[2]

Replacement of existing structures, stairs or tramways, all to be within the same footprint, that are currently on the property.

[3]

The construction of roadside parking via retaining wall system if approved by the Town/County Highway Department or the New York State Department of Transportation, whichever has jurisdiction.

[4]

Installation of structures, that requires land disturbance that is less than the threshold for the applicable zone as specified in § 220-8C(1).

[5]

Those uses and activities otherwise prohibited by § 220-8D(3)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).

(b)

Prohibited uses and activities on extremely steep slopes (40% or greater): All uses or construction activities, other than those set forth in § 220-8D(3)(a) that require land disturbance greater than the threshold for the applicable zone as specified in § 220-8C(1) are prohibited.

General regulations.

(1)

Any development proposed in a steep slope protection area shall be designed to work with the natural elements of the site, locating the proposed improvements in such a manner as to minimize land disturbance, cut and fill operations, tree removal, and alterations to natural drainage. The applicant must provide the Development Office with documentation that the improvements were designed to fit the existing natural elements of the site, rather than making the site fit the development goals of the landowner as part of the site plan review process. In any project with cut and fill operations, the applicant shall prove to the Planning Board that there was no other alternative to cut and fill to develop the site and that cut and fill has been minimized. The Town of Canandaigua Development Office will provide steep slope site illustration examples to applicants.

(2)

All single-family residential land-disturbing activities in steep slope protection areas, including but not limited to clearing, grading, excavation, building construction, construction of driveways and roads, cutting, and filling, shall be limited to the minimum steep slope protection area necessary to accommodate the proposed use or activity, and shall in no case be greater than 15,000 square feet of steep slope protection area disturbance per parcel, plus land necessary for driveway access, on-site wastewater treatment system, and stormwater management facilities.

(3)

Changes to the natural elevation of a steep slope development site shall be minimized. Any changes to the natural elevation of the site shall meet the following criteria:

(a)

The original, natural elevation of a steep slope protection area shall not be raised and/or lowered more than five feet on average across a contiguous area of 2,500 square feet of grading and shall not exceed 10 feet in any location in the steep slope protection area.

(b)

The natural elevation shall not be raised or lowered more than three feet within the required setback for structures. The setback distances are described in Chapter 220, Zoning, Schedule I.

Editor's Note: Schedule I is included as an attachment to this chapter.

(c)

The finished slope of all cuts or fills for any site work in areas where only vegetation is proposed to prevent erosion shall not exceed a slope of one vertical to two horizontal (50% grade or 26.5° of angle) without a retaining wall, stacked rock rip rap, or other similar structural stabilization.

(d)

The natural elevation of the proposed driveway may exceed the requirements of § 220-8E(3) as long as it is in compliance with the latest Town Site Design Criteria for driveways.

(4)

Any new or existing retaining wall higher than three feet above finished elevation incorporated into the proposed project design requires the evaluation of a New York professional engineer as to its structural integrity and written direction and certification as to its use.

(5)

If total land disturbance exceeds 7,500 square feet and greater than 50% of land disturbance is within a steep slope protection area, then lot coverage for the entire site shall be reduced to 90% of the allowable lot coverage for the underlying zoning district.

(6)

If a permanent driveway cannot be legally built to serve the residence or other improvement, no temporary construction road/driveway may be permitted in steep slope protection areas.

(7)

All development projects that disturb greater than 10,000 square feet of steep slope protection areas in Zones A and B, and 20,000 square feet of steep slope protection areas in Zone C shall be required to provide for water quality treatment up to the one-year storm event. If disturbance is greater than one acre but less than five acres in the steep slope protection area, then water quantity control must also be provided following the Town's Site Design Criteria and the New York State Stormwater Management Design Manual.

(8)

From October 15 until April 1, disturbed land areas in steep slope protection areas that are not worked for three days shall not be left bare or exposed. Approved temporary or permanent protective straw mulch and/or erosion control blankets shall cover these disturbed areas to provide stabilization. From April 1 until October 15 disturbed land areas in steep slope protection areas that are not worked for five days shall not be left bare or exposed. Approved temporary or permanent seeding along with protective straw mulch and/or erosion control blankets must cover these disturbed areas. All seeding, straw mulching and erosion control blankets shall meet the installation methods and quantities as stated in the New York State Standards and Specifications for Erosion and Sediment Control.

(9)

Rolled erosion control products shall be used to temporarily stabilize slopes that are equal to or greater than 1:3 (vertical: horizontal).

(10)

Trees with a diameter breast height (DBH) of six inches or greater within 20 feet of the mean high water mark of Canandaigua Lake, within 20 feet of the top of slope of the shoreline cliff area or within 20 feet from the top and toe of a gully shall not be removed unless they are deemed unhealthy or a safety hazard by a certified arborist or equivalent. Enhancing lake views can be done through a combination of canopy reduction and selective thinning without substantial tree removal. Tree removal may be allowed in the gully zone for the purposes of traversing a gully via a bridge or culvert structure to access another portion of the property.

(11)

The Planning Board may approve modifications to these standards in § 220-8E if the applicant can prove that such modifications would result in less total site disturbance and/or less change to the natural grade than would compliance with these standards and that such modifications meet the intent of this chapter to the greatest extent possible.

Burden of proof.

(1)

The applicant shall in all cases have the burden of proof of demonstrating that the proposed activity is fully consistent with the standards for approval set forth in § 220-8.

Steep slope protection area review process.

(1)

Steep slope protection area application: The steep slope protection area review process will follow the Town of Canandaigua Site Plan Regulations (Chapter 220, Article VII), in addition to the following criteria:

(a)

The preliminary site plan and final site plan shall include the following:

[1]

Documentation that the improvements were designed to comply with § 220-8 and have been designed to fit the existing natural elements of the site instead of altering the site to fit the development goals.

[2]

Contours of existing and proposed conditions at vertical intervals of no more than two feet.

[3]

Temporary roads, driveways, parking areas and pathways, including the widths and slopes of these features.

[4]

Location of all trees within the proposed project limits that are located in a steep slope protection area with a DBH of six inches or greater and which, if any, of these trees will be cut as part of this project.

[5]

An overlay of each steep slope category as defined in § 220-8.1(B)(2) of this local law for existing site conditions.

[6]

Location and description of all existing and proposed, open and closed, drainage features, to include roof drains, footing drains and retaining wall drains, with discharge points identified. Stormwater calculations shall be provided for all existing and proposed culverts or changes to gullies. The applicant will need to document that each of these drainage features can convey the twenty-five-year one-hour storm event.

[7]

The Planning Board may request cross-sectional profiles of the existing and proposed slopes for projects that disturb greater than 2,500 square feet of a steep slope protection area. The applicant is encouraged to submit three cross-sectional profiles of the existing and proposed slopes if the applicant proposes greater than 2,500 square feet of disturbance in a steep slope protection area to expedite the review process.

(2)

The application shall be prepared in accordance with the New York State Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual.