NILES - Keeping people from clogging up lakefront property was on the minds of Niles Town Board members Thursday night as they moved to establish enforceable lakefront codes.
The town held a public hearing to consider a local law giving the Niles planning board authority to review and regulate lake rights access and all shared lakefront recreation along Skaneateles and Owasco lakes in the town.
After discussion during the public hearing, they passed the law unanimously.
“The concern of the planning board was the potential for people who own property on the lake to give access to those who don't,” Andrew Fusco, town attorney, said. “People who own the lots behind and associations who make contractual arrangements with the person with the frontage are the two greatest risks.”
“This gives us a starting point for regulation of the use of the lakes,” Rickey Slagle, town supervisor, said.
The board emphasized that the new law doesn't apply to people who own lakefront property already or those who don't own it but have an agreement with someone who does to use their property.
People with secondary or tertiary lots or someone who comes along and tries to form an association, such as a yacht club, are two situations never before regulated in Niles.
“There is a risk of proliferation of people using a small hunk of land,” Fusco said.
“Were there rumblings or rumors of such subdivisions going to happen?” one woman in attendance asked.
Slagle said that a moratorium was in place to prevent such development until the town could complete its comprehensive plan when they became aware of the potential problems of not having these regulations in place.
Now, every real estate transaction, easement, license, and subdivision giving access and lake rights to shorelines not actually bordering them will be subject to Niles planning board approval.
Shared lakefront recreation means use by members of an association deeded lake access rights or by owners of any inland property which does not border either lake. It does not mean recreational use by a single family or guests.
The planning board will issue special permits to allow land use for shared lakefront recreation if:
* deeded access rights are given for one dwelling unit per 10 feet of shoreline and 2,000 square feet of lot area on the shared lakefront parcel. So, a parcel with deeded rights for eight dwellings needs at least 80 feet of shoreline and a lot area of 16,000 square feet. Parcels exceeding 20,000 square feet and more than 200 feet of shoreline can be modified as long as buffers minimize impact on adjacent parcels and lake water quality won't be affected. The board will consider health, safety, aesthetics, pedestrian safety, and practical usability of the shoreline for lake access.
* specific occupancy limits are met: four people per dwelling unit, as well as buffering and screening if needed to protect privacy.
* when more than 25 people occupy the property, chemical or waterless toilets or low waterflow toilets with an approved subsurface disposal system are provided, set back at least 100 feet from the lake line.
* adequate parking exists.
* an erosion and stormwater control plan is in place, if required, to prevent runoff with sediment or pollutants; if not required because less than 5,000 square feet will be disturbed, the permit may ask for buffer strips to protect the lake from pollution.
* when a site exceeds the occupancy limit of 25 persons, an annual inspection fee may be required to cover monthly inspections during the summer.
After developers present a site plan, plat map, and plot plan to the planning board and notify all adjoining landowners, the planning board will issue a permit. State Environmental Quality Review (SEQR) Type I is required.
The board decided to add: “Under no circumstances shall an owner of less than 75 feet of lake property convey lake rights uses to others.”
“I tried to be over-inclusive,” Fusco said of the law he drafted.
“Basically, we're trying to be proactive as opposed to reactive,” Bob Martin, town planning board chairman said. “The DEC (Department of Environmental Conservation) says the town is responsible for the use of the lake. This getting us started. Something is better than nothing, and we have nothing now.”
In other news:
* The board addressed a problem with the planned foundation for its new $697,000 vehicle maintenance facility. The parking garage base bid uses piers for its slab support structure, but the designer wants to sign off liability because of the potential if the slab cracks. The board tabled the discussion because its needs time to weigh alternatives but doesn't want to hold up the project.
Staff writer Kathleen Barran can be reached at 253-5311, ext. 238 or kathleen.barran@lee.net
New Niles lake rights law
The planning board will issue special permits to allow land use for shared lakefront recreation if:
• deeded access rights are given for one dwelling unit per 10 feet of shoreline and 2,000 square feet of lot area on the shared lakefront parcel. So, a parcel with deeded rights for eight dwellings needs at least 80 feet of shoreline and a lot area of 16,000 square feet. Parcels exceeding 20,000 square feet and more than 200 feet of shoreline can be modified as long as buffers minimize impact on adjacent parcels and lake water quality won't be affected. The board will consider health, safety, aesthetics, pedestrian safety, and practical usability of the shoreline for lake access.
• specific occupancy limits are met: four people per dwelling unit, as well as buffering and screening if needed to protect privacy.
• when more than 25 people occupy the property, chemical or waterless toilets or low waterflow toilets with an approved subsurface disposal system are provided, set back at least 100 feet from the lake line.
• adequate parking exists.
• an erosion and stormwater control plan is in place, if required, to prevent runoff with sediment or pollutants; if not required because less than 5,000 square feet will be disturbed, the permit may ask for buffer strips to protect the lake from pollution.
• when a site exceeds the occupancy limit of 25 persons, an annual inspection fee may be required to cover monthly inspections during the summer.
After discussion during the public hearing, they passed the law unanimously.
“The concern of the planning board was the potential for people who own property on the lake to give access to those who don't,” Andrew Fusco, town attorney, said. “People who own the lots behind and associations who make contractual arrangements with the person with the frontage are the two greatest risks.”
“This gives us a starting point for regulation of the use of the lakes,” Rickey Slagle, town supervisor, said.
The board emphasized that the new law doesn't apply to people who own lakefront property already or those who don't own it but have an agreement with someone who does to use their property.
People with secondary or tertiary lots or someone who comes along and tries to form an association, such as a yacht club, are two situations never before regulated in Niles.
“There is a risk of proliferation of people using a small hunk of land,” Fusco said.
“Were there rumblings or rumors of such subdivisions going to happen?” one woman in attendance asked.
Slagle said that a moratorium was in place to prevent such development until the town could complete its comprehensive plan when they became aware of the potential problems of not having these regulations in place.
Now, every real estate transaction, easement, license, and subdivision giving access and lake rights to shorelines not actually bordering them will be subject to Niles planning board approval.
Shared lakefront recreation means use by members of an association deeded lake access rights or by owners of any inland property which does not border either lake. It does not mean recreational use by a single family or guests.
The planning board will issue special permits to allow land use for shared lakefront recreation if:
* deeded access rights are given for one dwelling unit per 10 feet of shoreline and 2,000 square feet of lot area on the shared lakefront parcel. So, a parcel with deeded rights for eight dwellings needs at least 80 feet of shoreline and a lot area of 16,000 square feet. Parcels exceeding 20,000 square feet and more than 200 feet of shoreline can be modified as long as buffers minimize impact on adjacent parcels and lake water quality won't be affected. The board will consider health, safety, aesthetics, pedestrian safety, and practical usability of the shoreline for lake access.
* specific occupancy limits are met: four people per dwelling unit, as well as buffering and screening if needed to protect privacy.
* when more than 25 people occupy the property, chemical or waterless toilets or low waterflow toilets with an approved subsurface disposal system are provided, set back at least 100 feet from the lake line.
* adequate parking exists.
* an erosion and stormwater control plan is in place, if required, to prevent runoff with sediment or pollutants; if not required because less than 5,000 square feet will be disturbed, the permit may ask for buffer strips to protect the lake from pollution.
* when a site exceeds the occupancy limit of 25 persons, an annual inspection fee may be required to cover monthly inspections during the summer.
After developers present a site plan, plat map, and plot plan to the planning board and notify all adjoining landowners, the planning board will issue a permit. State Environmental Quality Review (SEQR) Type I is required.
The board decided to add: “Under no circumstances shall an owner of less than 75 feet of lake property convey lake rights uses to others.”
“I tried to be over-inclusive,” Fusco said of the law he drafted.
“Basically, we're trying to be proactive as opposed to reactive,” Bob Martin, town planning board chairman said. “The DEC (Department of Environmental Conservation) says the town is responsible for the use of the lake. This getting us started. Something is better than nothing, and we have nothing now.”
In other news:
* The board addressed a problem with the planned foundation for its new $697,000 vehicle maintenance facility. The parking garage base bid uses piers for its slab support structure, but the designer wants to sign off liability because of the potential if the slab cracks. The board tabled the discussion because its needs time to weigh alternatives but doesn't want to hold up the project.
Staff writer Kathleen Barran can be reached at 253-5311, ext. 238 or kathleen.barran@lee.net
New Niles lake rights law
The planning board will issue special permits to allow land use for shared lakefront recreation if:
• deeded access rights are given for one dwelling unit per 10 feet of shoreline and 2,000 square feet of lot area on the shared lakefront parcel. So, a parcel with deeded rights for eight dwellings needs at least 80 feet of shoreline and a lot area of 16,000 square feet. Parcels exceeding 20,000 square feet and more than 200 feet of shoreline can be modified as long as buffers minimize impact on adjacent parcels and lake water quality won't be affected. The board will consider health, safety, aesthetics, pedestrian safety, and practical usability of the shoreline for lake access.
• specific occupancy limits are met: four people per dwelling unit, as well as buffering and screening if needed to protect privacy.
• when more than 25 people occupy the property, chemical or waterless toilets or low waterflow toilets with an approved subsurface disposal system are provided, set back at least 100 feet from the lake line.
• adequate parking exists.
• an erosion and stormwater control plan is in place, if required, to prevent runoff with sediment or pollutants; if not required because less than 5,000 square feet will be disturbed, the permit may ask for buffer strips to protect the lake from pollution.
• when a site exceeds the occupancy limit of 25 persons, an annual inspection fee may be required to cover monthly inspections during the summer.
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