MODEL LAND USE LAW
LAKE SHORELINE AREAS
Prepared by
Richard F. Lamb, Professor
Center for Earth and Environmental Science
SUNY Plattsburgh, Plattsburgh, NY 12901
Prepared for
Jefferson Country Lakes
Compliments of
Rural New York Planning Grant Program
New York Planning Federation
44 Central Avenue
Albany, NY 12206
518 432 4094
use of this model law is encouraged with credit to
Richard F. Lamb and the New York Planning Federation
for more planning and zoning information including this and other model laws
see - www.nypf.org
CONTENTS
INTRODUCTION 3
SHORELINE AREA REGULATIONS 5
Section 1. Purpose 5
Section 2. Definitions 5
Section 3. Establishment of Lake Area Zones 6
Section 4. Intent and Purpose of Districts 6
Section 5. Permitted Use Chart 7
Section 6. Dimensional Requirements Chart 8
Section 7. Application of Setback Requirements 8
Section 8. Existing Undersized Lots of Record 9
Section 9. Green Space Buffer 9
Section 10. Minimum shoreline frontage 9
Section 11. Rock Cliffs 10
Section 12. Docks and Moorings 10
Section 13. Travel Trailers 11
Section 14. Keeping of Junk 11
Section 15. Fences 11
Section 16. Campgrounds, Travel Trailer Parks 11
Section 17. Marinas 12
Section 18. Uses Requiring Site Plan Review 12
Section 19. Site Plan Review Standards 13
INTRODUCTION
This model was originally created for the purpose of assisting property owners on smaller
lakes within the Jefferson County, New York area in evaluating their local zoning ordinance or laws, and in formulating proposed changes to such regulations. Lakeshore areas have unique issues and concerns that are often inadequately addressed by existing zoning regulations, as was the case for the Jefferson County lakes. The model was designed as a checklist from which a property association could choose those regulations that are appropriate to deal with the issues and concerns of their particular lake. It is anticipated that it could be of use to lakeshore property owners associations throughout the state.
Because each shoreline area is different, provisions of the model should be discussed, modified, revised, and tailored to the suit the needs and desires of a particular lake. It is recommended that a land use planning committee composed of lakeshore property owners be established to discuss zoning changes, and that a planning and zoning professional be retained to assist the committee. Before determining zone district boundaries a detailed land use map, preferably showing property lines, should be prepared.
The model was derived from a number of existing zoning regulations from municipalities in northern New York, some of which lie within the Adirondack Park1. The Adirondack Park Agency regulations themselves, are the basis for some of provisions contained herein. Some sections are of the author’s own creation deriving from experience in rural zoning and in working with lake associations.2 In many instances rather lengthy, detailed provisions of existing laws or ordinances were condensed and simplified for the model. Lakeshore areas located within municipalities accustomed to more sophisticated planning regulations may wish to add more detail and specificity to the briefer zoning provisions contained herein.
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1 Among the referenced used are zoning regulations from the Town of Lake George, Town of Bolton, Town of Champlain, and the Town of Theresa. The Town of Lake George has a comprehensive set of shoreline regulations.
2 These include Section 10, Rock Cliffs: and parts of Sections 16 and 17 that set a horsepower limit on watercraft launched from a campground or marina.
These are several sections of this model that property owners may believe are inappropriate, unnecessary, or infringe too much on private property rights on their particular laek. For example, many lakeshore areas may choose not to regulate the size or number of docks and moorings, fences, or vegetative clearance. These same regulations, however, may be deemed desirable on other lakes. Each lakeshore area should make the determination of which provisions are appropriate for it.
These model regulations are designed to be incorporated into an existing zoning ordinance law as a separate article applying to lakeshore districts, accompanied by an amended zoning district map. It is also possible to separate the provisions of the model, and meld them into the existing format of the municipal zoning regulation.
There are two methods of creating new lakeshore districts. (1) Replace the existing zoning districts that apply around lakeshores with those proposed herein. This method would involve redrafting the existing zoning map for the lakeshore area. (2) Create lakeshore districts as overlay zones. Using this method, the current zoning map would remain in effect, but a separate overlay map showing the proposed lakeshore zones would be prepares in which the lakeshore regulations would apply in addition to the provisions of the underlying (existing) zone. A planning professional should be consulted to determine which of the two above approaches is more advisable for a particular town, and for assistance in preparing the maps.
ARTICLE _____
SHORELINE AREA REGULATIONS
Section 1. Purpose
The purpose of this article is to provide for the use, developmental and conservation of land within lakeshore areas, and to preserve and protect rural character, scenic and aesthetic values, and lake water quality.
Section 2. Definitions
CAMPGROUND. Any parcel of land on which are located two or more cabins, tent sites, shelters, travel sites or other accommodations of a design or character suitable for seasonal or other temporary living purposes, and which is used for economic gain.
GROUP CAMP. Any land or facility for seasonal housing and recreational educational or business related use by private groups or semi-public groups, such as a boy or girl scout camp, fraternal lodge, university or college conference center, or religious camp or conference center.
JUNK VEHICLE. Any motor vehicle whether automobile, bus, trailer, tractor, motor home, motorcycle, all terrain vehicle, mini-bicycle, or snowmobile or any other device originally intended for travel on public highways which meets all the following conditions: (a) it is unlicensed, (b) it is either abandoned, wrecked, stored, discarded, dismantled or partly dismantled, (c) it is not any condition for legal use upon the public highway, and (d) it is in such condition as to cost more to repair. With respect to any motor vehicle has remained unused for more than six (6) months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle.
JUNK WATERCRAFT. Any watercraft that meets all the following conditions: (a) it is either abandoned, wrecked, stored, discarded, dismantled or partly dismantled, (b) it is not any condition for legal use on the water, and (c) it is such condition as to cost more to repair and place in operating condition that its reasonable market value at that time before such repair.
MARINA. Any waterfront facility which provides accommodation services for vessels by engaging in any of the following: (a) the sale of marina products or services, (b) the sale, lease, rental or charter of two or more vessels of any type, (c) the sale, lease, rental or any other provision of storage, wharf space or mooring, or launching for two or more vessels not registered to the owner of said facility, members of the owner’s immediate family, or overnight guests on said property. Any campground or travel trailer park which provides boats coincidentally with the rental of camping spaces or rental of parking spaces for automobiles shall be deemed to be a marina.
RECREATIONAL CAMPING VEHICLE. Any enclosed motor vehicle or trailer used or designed to be used for recreational travel and temporary living and/or sleeping purposes including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers, and overnight trailers.
TRAVEL TRAILER PARK. Any plot of ground upon which two (2) or more trailers, pickup coaches or similar recreational vehicles less than 32 feet in length, and/ or tents occupied for dwelling or sleeping purposes for transients are located.
UNDERSIZED LOT OF RECORD. A lot legally in existence that met the minimum lot size requirement that had been in effect at the time of its creation, but which is undersized as required by the current minimum lot size regulation.
Section 3. Established of Lake Area Zones
The following zones are hereby established in the Town of _____________.
LR Lake Area Residential
LC Lake Area Commercial
LCON Lake Area Conservation
Section 4. Intent and Purpose of Districts
A. The purpose of the Lake Area Residential (LR) district is to provide for areas suitable for seasonal and year around residential use. Preservation of residential tranquility and enjoyment of property should be avoided.
B. The purpose of the Lake Area Commercial (LC) district is to provide for mixed use areas where both residential and commercial use can exist in a compatible manner. It is intended that commercial uses commonly associated with lakeshore areas be located in these zones. Commercial uses incompatible with the character of the lakeshore area should be avoided.
C. The purpose of the Lake Area Conservation (LCON) district is to limit the density of development on lands that should not be developed in an intensive manner due to their physical characteristics, environmental constraints, or open space and scenic values.
Section 5. Permitted Use Chart
x = permitted within the district
S = special (or conditional) use permitted after review and approval by the Planning Board
Blank or unlisted = not permitted
RESIDENTIAL USES District: LR LCON LC
|
Single family dwelling |
x |
x |
x |
|
Two family dwelling |
x |
|
x |
|
Mobile home, double-wide |
x |
x |
x |
|
Accessory structures |
x |
x |
x |
|
Multi-family dwelling |
|
|
s |
NON-RESIDENTIAL USES LR LCON LC
|
Home occupation |
x |
x |
x |
|
Outdoor recreation facility |
s |
s |
s |
|
Riding stables |
s |
s |
s |
|
Indoor recreation facility |
|
|
s |
|
Public community facility |
s |
s |
s |
|
Campground, travel tailer park |
|
|
s |
|
Group camp |
|
|
s |
|
Marina |
|
|
s |
|
Hotel, motel, resort |
|
|
s |
|
Church |
s |
s |
s |
|
Cemetary |
|
|
s |
|
Antique, craft, or gift shop |
|
|
s |
|
Fishing tackle, bait shop |
|
|
s |
|
Convenience store |
|
|
s |
|
Restaurant, food stand |
|
|
s |
|
Gasoline sales |
|
|
s |
|
Agricultural operations |
x |
x |
x |
Section 6. Dimensional Requirements Chart
A. RESIDENTIAL USES LR/LC districts LCON district
Minimum lot size 30,000 s.f. 3 acres
Minimum shorelin frontage (ft.) 125 300
Setbacks (ft.)
Shoreline/front 50 75
Sides 15 30
Rear 30 30
Boat house side setback15 15 30
B. MARINA, CAMPGROUND, TRAVEL TRAILER PARK, RECREATION FACILITY
All districts
Minimum lot size 5 acres
Minimum shoreline frontage (ft.) 300
Setbacks (ft.)
Shoreline/front 75
Sides 30
Rear 30
Boat house side setback 30
C. ALL OTHER USES LR/LC districts LCON district
Minimum lot size 30,000 s.f. 3 acres
Minimum shoreline frontage (ft.) 125 300
Setbacks (ft.)
Shoreline/front 75 75
Sides 30 30
Rear 30 30
Note on lot sizes. In areas underlain by soils that are rated as good for septic systems or where central sewer is available, a minimum size of 20, 000 square feet and lot width of 100 feet may be sufficient. However, lakeshore areas typically contain soils with severe limitations for septic systems, such as high water table, bedrock close to the surface, and/or too sandy a texture. Soil information available from county soil service offices should be consulted to assist in establishing an appropriate lot size and width.
Section 7. Application of Setback Requirements
A. The front yard of shoreline a lot shall be considered as the yard adjacent to the shoreline, and the front building setback shall be measured from the mean high water mark of the shoreline.
B. Front building setbacks shall not apply to boathouses. Boathouses may be located at the waters edge.
Section 8. Existing Undersized Lots of Record
A. Existing building located on undersized lots of record may be expanded without the issuance of a variance provided that minimum front. Side and rear yard requirements are satisfied
B. New buildings may be constructed on undersized lots of record without the issuance of a variance provided that: (a) lot size is at least one-half of the minimum lot size requirements as specified in Section 6 herein, and (b) minimum front, side and rear yard requirements are satisfied.
Section 9. Green Space Buffer6
A. A minimum fifty (50) feet green space buffer from all surrounding property lines is required for marinas, campgrounds, travel trailer parks, and outdoor recreation facilities. A minimum thirty (30) feet green space buffer from side and rear property lines is required for all other non-residential uses.
B. The green space buffer shall be maintained as a vegetated area. No driveways, parking lots, or storage of materials or vehicles is permitted, not shall the buffer be used as a work area.
C. At the time of Site Plan Approval, the Planning Board shall have the authority to reduce the green space buffer requirement without the issuance of a variance, provided that such reduction does not impair the use or value of adjacent properties.
Section 10. Minimum shoreline frontage
A. Residential development – deeded or contractual access to the lake7
(1) No residential use if land shall allow access to a lake, stream or river unless such access is supported by a minimum shoreline frontage of one hundred and twenty five (125) feet per dwelling in LR and LC districts, and three hundred (300) feet per dwelling in LCON districts.8
(2) No lot occupied by a recreational camping vehicle shall allow access to a lake unless such access is supported by a minimum shoreline frontage of one hundred and twenty five (125) feet per dwelling in LR and LC districts, and three hundred (300) feet per dwelling in LCON districts.
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6 The green space buffer requirement is designed to afford some protection to neighboring residential properties within zones where a mixture of residential and commercial uses are allowed.
7 This provision prevents so called “funnel development,” whereby a large number of interior lots may be given access to the lake through a narrow length of shoreline. It also prevents parties possessing interior lots from using easements through a lakefront property to gain access to the lake.
8 The minimum shoreline frontage used here is the same as in Section 6.
B. Campground, Travel Trailer Parks
No campground or travel trailer park shall allow to a lake, stream, or river unless such access is supported by a minimum shoreline frontage of 300 feet, or 15 feet per each campsite or trailer site, whichever is greater.
C. Marinas
Marinas shall possess a minimum shoreline frontage 300 feet, or 15 feet per docking space or mooring, whichever is greater.
Section 11. Rock Cliff
A. This section shall apply to vertical or near vertical rock cliffs at or near the waters edge that exceed fifteen (15) feet in elevation measured from the high water line or bottom of the cliff, whichever is higher, to the top of the cliff. A near vertical cliff shall mean one that forms an angle equal to or greater than 2:1 (vertical height compared to horizontal distance) with the horizontal. At or near the waters edge shall mean within thirty (30) feet of the mean high water mark.
B. Building setbacks from the shoreline as specified in Section 6 herein shall be measured from the top edge of the cliff.
C. No construction shall take place within 30 feet of the top edge of the cliff face. No land clearance or grading involving motorized shall take place within 30 feet of the top edge of the cliff.
D. There shall be no disturbance of the rock cliff face except for the construction of stairways or walkways as provided in part F below.
E. No vegetation shall be removed from the cliff face.
F. Stairways or walkways constructed on the cliff face shall require Special Use Approval by the Planning Board.
Section 12. Docks and Moorings
A. Each residential property shall be permitted a maximum of one dock per 125 feet of shoreline in LR and LC districts,9 and one dock per 300 feet of shoreline in LCON districts.
B. Each marina, campground, or travel park shall be permitted one dock per each 100 feet of shoreline.
C. No dock shall exceed a total area of seven hundred (700) square feet included walkways. The use of fingers, and T or L shaped docks are permitted in any configuration from the main body of the dock, within the maximum footage allowed.
D. No mooring or floating dock shall be placed at a distance greater than one hundred (100) feet from the mean high water mark of the shoreline.
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9 Use the same number of feet as the minimum shorelines frontage in Section 6.
Section 13. Travel Trailers10
Travel trailers are permitted within lakeshores zoning districts for a minimum of fifteen (15) days, except that they are permitted for any length of time in legally established travel trailer parks or when stored at an owners primary residence.
Section 14. Keeping of Junk
No Junk, to include the following, shall be kept out of doors within any LR, LC or LCON
District:
A. One or more inoperable junk vehicles.
B. One or more abandoned mobile homes or recreation camping vehicles.
C. One or more abandoned all-terrain vehicles or snowmobiles (as defined in the New York State Vehicle and Traffic Law)
D. One or more junk watercraft.
E. One or more inoperable appliances including but not limited to lawn and garden machines, washers, dryers, dishwashers, stoves, refrigerators, freezers, and televisions.
F. One or more pieces of junk farm equipment or construction equipment.
G. One or more abandoned or irreparably damages pieces of indoor furniture including but not limited to sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs and chests of drawers.
H. Construction debris, junk burn barrels, empty paint cans, and similar debris, junk burn barrels, empty paint cans, and similar debris that is not useable.
Section 15. Fences11
No fence greater than four (4) feet in height shall be erected within fifty (50) feet of the mean high water mark of the shoreline.
Section 16. Campgrounds, Travel Trailer Parks
A. Minimum lot size: 5 acres
B. Each campground/travel trailer park shall have adequate access to a public highway, and each camp/travel trailer site shall be services from interior roadways.
C. The campground/travel trailer park shall be divided into campsites. The corners of each campsite shall be clearly marked, and each campsite shall be numbered for identification.
D. The minimum size of each camp/travel trailer campsite shall be 2500 square feet, provided however, that there shall be no more than 10 campsites per acre.
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10 Alternatively: a travel trailer may be parked on-lot in any district provided that it is not used as living quarters for more than three months. And/or: No travel may be connected to water, sewer or electrical utilities except for a temporary 15 day period.
11 The purpose of this regulation is to preserve views of the lake from neighboring residence.
E. There shall be a minimum fifty (50) feet green space buffer surrounding the campground/travel trailer park. No campsites or portion thereof, building, structure or roadway shall be placed within the buffer area.
F. No campsite shall be located within seventy-five (75) feet of the mean high water mark of any water body.
G. The Planning Board may require that the campground/travel trailer park be substantially screened from the view of public roads and neighboring properties by use of vegetation and/or fencing.
H. Each campground/travel park shall comply with all application rules and regulations of the New York State Department of Health.
I. Adequate plans shall be made for the collection and disposal of garbage, rubbish and solid wastes generated within the park. There shall be no on-lot exposed garbage, junk, or other wastes. At least one garbage receptacle with securely fastened lids shall be provided for each four sites. The operator shall provide for the pick up of trash at least once a week.
J. Internal roads are subject to Planning Board approval.
K. Mobile homes, whether permanent or temporary, shall not be parked in any campground.
L. For those campgrounds/travel trailer parks with access to the water the following shall apply: No watercraft powered by a motor of ten(10) horsepower or more shall be docked or launched at the campground/travel trailer park. This limit shall preclude the launching of jet skis and all other watercraft that exceed the 10 horsepower limit.12
Section 17. Marinas
A. Marinas shall provide and maintain at their own expense a parking lot if sufficient size to provide for one (1) parking space per each boat docking or mooring space.
B. Marinas shall provide and maintain at their own expense adequate fire lanes allowing access by appropriate fire fighting apparatus to all areas of the marina, including but not limited to parking lots and boat docking and mooring slips. Parking lot roads designated as fire lanes shall be maintained free of obstructions at all times.
C. No watercraft powered by a motor of ten (10) horsepower of more shall be permitted to be docked or launched at the marina.13
Section 18. Uses Requiring Site Plan Review
All Special Uses, as listed in Section 5 herein, shall require review and approval of a site plan by the Planning Board14 prior to the issuance of a zoning permit.15
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12 The 10 hp limit is intended to apply to smaller lakes, especially to those lakes where there is a 10 hp limit established by NYS DEC at a state boat launch. This provision could also be worded to permit no motor powered watercraft
13 A 10 hp limit may be appropriate for small lakes, but may not be appropriate for larger lakes.
14 Zoning Board of Appeal instead of Planning Board in some municipalities.
15 It would be possible also to require site plan review of all residential properties with shoreline frontage. Or, site plan review could be required of all properties within mapped sensitive environmental areas, such as areas of steeper slopes
Section 19. Site Plan Review Standards
In addition to site plan review requirements contained elsewhere in this ordinance/law, the following standards shall apply to lakeshore zoning districts. The intent of these standards is to protect water quality and to preserve the natural character of the shoreline. In their review of an application, the Planning Board may waive or modify any of the standards as it deems appropriate.
A. Driveways and roadways.
(1) Driveways and roadways shall be designed to minimize silt, sediment and pollutants from entering surface waters as a result of storm water runoff:
(2) Locating driveways and roadways on slopes exceeding fifteen percent (15%) should be avoided where possible. The finished grade shall not exceed an average slope of ten percent (10%). The slope of a driveway at the entry to a roadway shall not exceed three percent (3%)
(3) Long straight driveways that terminate close to the waters edge shall be avoided. Driveways shall not be located closer to the shoreline than the minimum shoreline setback for buildings.
(4) Drainage ditches shall be designed so that they do not carry water the entire length of a driveway. Instead, water shall be diverted into catch-basins and depressions, or the water flowing directly into a water body.
(5) A vegetated buffer strip shall be provided at the termination of the driveway.
B. Shoreline vegetative buffer
(1) Shoreline buffer strips consisting of trees and shrubs shall be provided for the purposes of preserving the natural and aesthetic quality of the shoreline, protecting against shore line erosion, providing a filter strip for storm water runoff, and providing wildlife habitat.
(2) Within thirty-five (35) feet of the shoreline, a vegetative buffer shall be maintained for at least seventy (70) percent of the length of the shoreline. The remaining thirty (30) percent of the shoreline may be cleared provided that vegetation that supports bank stability within six feet of the waters edge is not removed.
(3) Vegetation may be thinned within the buffer so as to provided views of the lake, but mature trees shall remain.
(4) In the event that the shoreline is already cleared, such as former cropland, a vegetative buffer strip shall be reestablished.
C. Erosion control.
A plan to control erosion during the construction phase of the project shall be submitted at the time of site plan application, and shall consist the following elements, as appropriate:
(1) Clearance of as little land as possible.
(2) The use of hay bales or silt screening along shorelines to trap silt and sediment contained in storm water runoff.
(3) The use of hay bales or other devices to act as check dams within runoff channels.
(4) The use of sediment catch basins, where runoff may settle into the ground rather than flow into a lake, stream or river.
(5) The use of diversion dikes to guide water into sediment catch basins.
(6) Reestablishment of vegetation as soon as possible, using fast growing species for temporary vegetative cover.
D. Storage of Petroleum Products.
Any storage of petroleum products such as gasoline, oil or kerosene shall include adequate provision for insuring that leaks are prevented, and that any leak, rupture or spill will be contained and not introduced into a lake or other water body.
New York Planning Federation
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Albany, NY 12207
Phone: 518-512-5270 or 800-366-NYPF (6973)
Fax: 518-512-5274
e-mail: nypf@nypf.org