§ 331-19. Wetland setbacks., Article IV. General District Regulations, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

No building or structure or parking lot or parking space shall be constructed within 75 feet of the boundary of any tidal or freshwater wetland, other than boardwalks, shoreline promenades, bulkheads, piers, docks, marinas, boat ramps and boat-launching facilities, boat storage, repair or service facilities, wharves, breakwaters or other similar water-dependent structures, where the setback shall be zero feet, and where any necessary tidal wetland permit and/or Planning Board approval is obtained for construction of such boardwalks, shoreline promenades, bulkheads, piers, docks, marinas, boat ramps and boat-launching facilities, boat storage, repair or service facilities, wharves, breakwaters or other similar water-dependent structures and a SEQRA findings statement has been issued by the appropriate approving agency. Notwithstanding the foregoing, this section shall not apply to properties that have an existing seawall or other continuous barrier along the boundary of any such tidal or freshwater wetland.

[Amended 2-15-2011 by Ord. No. 45-2011; 10-16-2012 by Ord. No. 171-2012]

Portions of a building may project into a wetland setback, provided that the building and site conform to the following criteria:

(1)

The site does not abut a residential district;

(2)

The projections are more than 20 feet above ground;

(3)

The projections are not enclosed; and

(4)

The projections do not extend more than 10 feet into the setback.

Within any freshwater wetland setback, the following additional conditions shall apply:

(1)

A minimum thirty-five-foot "non-disturbance buffer" shall be created immediately adjacent to the wetland, in which the following are prohibited: the clearing, trimming, pruning of vegetation, the grading, dredging, filling, and stockpiling of soil, the construction or installation of buildings or structures below ground, the construction of storm drains, sewers, or other underground utilities, the installation of leaching pools or other discharges, the storage, dumping or disposal of materials, the planting of non-wetland vegetation, and the application of fertilizers or pesticides, except that if such non-disturbance buffer contains any invasive plants that are not native to the wetland ecology, such vegetation may be removed and substituted with appropriate wetland vegetation, if approved by the Planning Board.

(2)

A maximum fifteen-foot "limited-disturbance buffer" shall be created between the thirty-five-foot non-disturbance buffer and the fifty-foot building/structure/parking lot setback line.

(a)

Prohibited within the limited-disturbance buffer are the following: building or structures above or below the ground, parking of vehicles, the storage, dumping or disposal of materials, the construction of storm drains, sewers, underground utilities, roof drains or leaching pools or other discharges, the filling or stockpiling of soil, the application of fertilizers or pesticides, bare ground or gravel, the construction of decks or in-ground or aboveground swimming pools, the discharge of chlorinated swimming pool backflush water, brick or stone barbeque pits, sheds, porches or other accessory structures.

(b)

Clearing and fine grading within the fifteen-foot limited-disturbance buffer and the building/structure/parking lot setback line are allowed, but only after installation of required erosion and sedimentation controls (i.e., silt fencing and staked hay bales). Soils shall be fine graded and reseeded with a native seed mix suitable for the site-specific conditions and stabilized immediately after clearing and fine graded. Trimming, pruning, and planting of vegetation shall be permitted within the fifteen-foot limited-disturbance buffer. Also permitted within the fifteen-foot limited-disturbance buffer are pervious pavers for outdoor recreation (but not for overflow or permanent vehicle parking), unfertilized grass and landscaping, movable lawn furniture, barbeques, small plastic or inflatable pools for infants, and similar temporary features.