Current through Register Vol. 46, No. 39, September 25, 2024
(a) No
person shall undertake any new regulated activity on any tidal wetland or on
any adjacent area except in compliance with the following development
restrictions:
(1) The minimum setback of all
principal buildings and all other structures that are in excess of 100 square
feet (other than boardwalks, shoreline promenades, docks, bulkheads, piers,
wharves, pilings, dolphins, or boathouses and structures typically located on
docks, piers or wharves) shall be 75 feet landward from the most landward edge
of any tidal wetland. Provided, however, within the boundaries of the city of
New York the minimum setback required by this paragraph shall be 30 feet.
Further provided, where numerous and substantially all structures which are (i)
of the type proposed by the applicant, (ii) lawfully existing on August 20,
1977, and (iii) within 500 feet of the subject property, are located closer to
the subject tidal wetland than the minimum setback required by this paragraph,
placement of a structure as close as the average setback of these existing
structures from the subject tidal wetland shall fulfill the requirements of
this paragraph.
(2) The minimum
setback of any on-site sewage disposal septic tank, cesspool, leach field or
seepage pit shall be 100 feet landward from the most landward edge of any tidal
wetland.
(3) For any on-site sewage
disposal cesspool, septic tank, leach field or seepage pit, there shall be a
minimum of two feet of soil between the bottom of such pool, tank, field or pit
and the seasonal high ground water level, rock, hardpan, or other impermeable
materials.
(4) Not more than 20
percent of the adjacent area, as such term is defined in this Part, on any lot
shall be covered by existing and new structures and other impervious surfaces.
Provided, however, this paragraph shall not be deemed to prohibit the coverage
of 3,000 square feet or less of adjacent area on any individual lot, lawfully
existing on August 20, 1977, by existing and new structures and other
impervious surfaces.
(5) The
minimum lot area for any principal building constructed within the area
regulated by this Part, which minimum lot area shall include any wetland
portion and any adjacent area portion of such lot, shall be as follows:
(i) 20,000 square feet where such principal
building will be served by a public or community sewage disposal system;
and
(ii) 40,000 square feet where
such principal building will not be served by a public or community sewage
disposal system.
Notwithstanding any other provision of this Part, the
requirements of this paragraph for buildings to be served by a public or
community sewage disposal system shall not be applicable within the boundaries
of the city of New York.
(6) Notwithstanding the minimum lot size
provisions contained in paragraph (5) of this subdivision, the clustering of
principal buildings utilized for residential purposes, including multiple
family dwellings, shall be permitted at the request of an applicant for a
permit under this Part in order to encourage the maintenance of undeveloped
areas in or adjoining tidal wetlands. Provided, such clustering procedure shall
in no case result in more principal buildings on the area regulated by this
Part than would be permitted by the application of the minimum lot size
criteria in paragraph (5) of this subdivision.
(7) The minimum setback of all hard surface
driveways, roads and parking lots and similar impervious surfaces exceeding 500
square feet in size on the property involved, overhead utility line poles and
railroads, shall be 75 feet from any tidal wetland. Provided, within the
boundaries of the city of New York the minimum setback required by this
paragraph shall be 30 feet. Further provided, this provision shall not be
applicable to any portion of a regulated activity that involves a crossing or
direct access to a tidal wetland on the subject property.
(8) Any substantial increase in surface water
runoff to tidal waters classified SA, as defined in section
701.5
of this Title, or to any other surface waters which are within 1,000 feet of
any SA waters and are adjacent or tributary to such SA waters, shall be
prevented from directly running into any such waters by the utilization of
sufficient runoff control measures, including but not limited to the
installation of dry wells, retention basins, filters, open swales or ponds. Any
such dry well, retention basin, filter, open swale or pond to be constructed in
order to prevent direct surface water runoff to said SA and other surface
waters shall be designed and constructed to handle the water runoff produced on
the project site by a five-year storm.
(b) The minimum lot size or average lot size
provisions contained in paragraphs (5) and (6) of subdivision (a) of this
section shall not be applicable to any vacant lot in a subdivision lawfully in
existence on August 20, 1977, or in a subdivision which received all required
State, regional and local approvals prior to August 20, 1977, for the purposes
of placing one single family dwelling on such lot. Furthermore, such provisions
shall not be applicable to any single vacant lot which was on record on August
20, 1977 for the purpose of placing one single family dwelling thereon,
provided such lot does not adjoin other lots in the same ownership, except that
all such lots in the same ownership may be treated together as one
lot.
