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Town of Perinton Limited Development District Ordinance

New York
Town Of Perinton   
| Suburban |
Town of Perinton created Limited Development Districts for certain variations in terrain, hydrology that render certain areas susceptible to flooding to supersede the other zoning provisions. Development must be directed by the intrinsic character of the land in order to provide for the safety and welfare of the citizens and the natural environment. The limits of an LDD shall be determined by its soil, vegetation, terrain, and hydrologic characteristics. The limits are determined using detailed maps, in consultation with the Conservation Board. There are certain details the maps much show, such as slopes equal to or exceeding 15%, areas within the one-hundred-year floodplain, areas where the majority of the vegetation is “facultative,” areas regulated as freshwater wetlands, areas included in the National Wetlands Inventory, areas where the general soil condition is unstable, and stream corridors. Areas which meet the LDD criteria but are small and isolated and areas that once met the LDD criteria, but no longer do so due to human activity are excluded from the LDD. Permitted uses include: agricultural uses, open space, trails, and recreational uses such as wildlife study, hiking, hunting, and fishing. Lawns, gardens, and play areas associated with nearby residential uses and the cutting and removal of dead or individual trees to maintain the health of viability of woodlot are permitted. There are certain uses that can be permitted when authorized in accordance with Article VIII and §208-50. Certain conditional uses include non-habitable structures associated with permitted uses, single family dwellings, roads, utility lines, and certain nonresidential uses, with a special permit. Any use not mentioned in the previous sections will be considered by the Planning Board. The Board will weigh the impact on the proposal of the objectives in §208-46, the extent to which the plans submitted for approval include specific measures which shall preserve the value and function of the LDD. When a project requires mitigation for disturbance of the LDD, a mitigation plan shall be submitted and the Town shall consider various factors such as the value of the LDD area proposed to be disturbed, the extent of disturbance, and the effectiveness of the mitigation plane. In determining what the appropriate mitigation or conditions shall be, the Town shall consider the value of the LDD in protecting water quality, habitat, protection from erosion and effect upon the overall site drainage.