A. General applicability.
An EPOD development authorization shall be required subject to the provisions of this section and prior to the commencement of any regulated activity or the issuance of any building permit for regulated development in a designated EPOD district.

B. Exempt activities. 
The following activities are exempt from the permit procedures of this section:

(1) Lawn care and maintenance.
(2) Noncommercial gardening activities.
(3) Tree and shrub care and maintenance.
(4) Removal of dead or deteriorating vegetation, except when associated with development, or to prepare land for development.
(5) Removal of structures smaller than 100 square feet in area.
(6) Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.
(7) Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size, and at the same location.
(8) Customary agricultural activities, except for new or expanded structures.
(9) Public health activities, orders and regulations of the New York State Department of Health, Monroe County Department of Health or other related agency.
(10) Installing utility service from an existing distribution facility to a structure, where no major modifications or construction is necessary.
(11) Drilling a water well to serve a single residence.
(12) Construction associated with stormwater discharge if regulated under the Town of Parma Drainage Regulations.
(13) Dredging less than 500 cubic yards to maintain an existing navigation channel.
(14) Installing a dock, pier, wharf or other structures built on floats or open-work supports, and having a top surface area of less than 200 square feet, when authorized by the Department of Environmental Conservation (DEC).
(15) Any activity associated with normal, outdoor recreational activity.

C. Approvals required.
Development within EPOD's may be authorized by the Planning Board concurrently with approvals for development for which the Board has jurisdiction. Approvals for other regulated activities shall be obtained from the CEO.
D. Application procedures.

(1) Applications for EPOD development approval shall be made in writing to the CEO on forms available in the Town Building Department.
(2) Application instructions shall be provided to applicants. Application instructions shall include submittal requirements, fees, procedures and approval criteria.
(3) The application shall be made by the property owner or his/her agent and shall be accompanied by the materials and fees specified.
(4) For projects to be reviewed by the Planning Board, the applicant shall submit the following to the CEO:

(a) For concept stage drawings, boundaries may be transcribed from the Official EPOD Maps.
(b) For preliminary stage drawings, the applicant shall also show a more precise location of the boundary, as observed on the property. A note shall be provided indicating the person making the observation, and the date.
(c) For final stage drawings, the plan sheets shall show boundaries approved by regulatory agencies where applicable, or otherwise by the CEO.
(d) Engineering plans, construction notes and development restrictions detailing methods to be used to protect EPOD areas and/or to mitigate EPOD impacts shall be provided on or with preliminary and final stage submittals.

(5) For activities not subject to Planning Board review, the applicant shall submit the following to the CEO:

(a) A statement indicating the types of activities proposed on the property and within the EPOD boundaries.
(b) A sketch showing the locations and dimensions of proposed activities and construction, locations and dimensions of existing structures, and natural features and vegetation on the property.
(c) Boundaries of all EPOD's transcribed from the Official EPOD Maps, and more precise boundary locations identified from observation at the site, with notes identifying each.
(d) Narrative and plans showing how the EPOD's will be protected and/or impacts mitigated.

E. Fees.
Fees shall be determined by the Town Board. This fee shall be in addition to any other fees required.
F. Review procedures.

(1) Whenever possible, the review of activities within EPOD's shall be performed concurrently with other required approvals.
(2) Each application shall be referred to the Conservation Board for its review. The recommendations of the Conservation Board shall be considered advisory to the Planning Board or the CEO.
(3) The application may be referred to other appropriate boards and agencies for their review and recommendations. Such boards or agencies shall have 30 days from the date of receipt of a completed application in which to report their recommendations. For projects to be reviewed by the Planning Board, the timeline for review shall be consistent with other project review timelines prescribed elsewhere in Town Law. Failure for a board or agency to respond within these timeframes shall not be cause to postpone consideration of the application.
(4) The CEO or the Planning Board shall have the authority to grant or deny an EPOD development application, subject to the standards, criteria and other factors contained in this article.

(1) Public notification of and public hearings for an application to conduct a regulated activity within an EPOD shall only be required when associated with an activity otherwise requiring public notification or hearing.
(2) Wherever possible, public hearings for EPOD authorization shall be scheduled simultaneously with public hearings required under site plan review, subdivision review or any actions required to comply with the State Environmental Quality Review Act for the proposed action.

(1) The following criteria shall be used to determine whether a regulated activity should be permitted, not permitted or permitted with conditions:

(a) The activity is compatible with the preservation, protection and conservation of the environmentally sensitive area.
(b) The activity will result in no more than insubstantial degradation to, or loss of, any part of the environmentally sensitive area.
(c) The activity is compatible with the public health and welfare.
(d) The activity conforms with additional standards and criteria of the individual EPOD, as noted elsewhere in this article.

(2) For activities and impacts for which compatibility with the above cannot be demonstrated, the applicant may submit a mitigation plan, which demonstrates that the proposed activity satisfies a social or economic need which clearly and substantially outweighs the net loss or detriment to the benefit(s) and/or function(s) provided by the environmentally sensitive area. The net loss is to be evaluated with the inclusion of any mitigation measures which may be proposed to replace lost benefits and/or enhance remaining benefits.
(3) The applicant shall have the burden of demonstrating this weighing of benefits and losses to the satisfaction of the Town. At a minimum, the following information should be prepared by the applicant and submitted to the Town:

(a) The identification of the existing values, functions and benefits provided by the environmentally sensitive area relative to its hydrologic functioning, wildlife habitats and aesthetic/recreational use.
(b) An assessment of the impact of the proposed project on these values.
(c) Details of any proposed mitigation measures should be provided along with an evaluation of the extent to which these measures will replace the benefit, value or function and/or enhance those remaining.
(d) An identification and documentation of the social or economic need for the proposed activity.

(1) Any authorization issued in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached, as are deemed necessary, to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the purpose and intent and the specific provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:

(a) The CEO or the Town Engineer and/or other appropriate Town official shall have the right to inspect the project from time to time.
(b) Authorization shall expire with the expiration of approval of associated development, or six months after the date the authorization was issued, if the approved action is not initiated.
(c) The permit holder shall notify the appropriate Town official at least five days in advance of the date on which the authorized activity is to begin.

(2) For projects requiring site plan or subdivision approval, the EPOD shall be shown on the final site map or plat, along with a statement that any future activity in the EPOD shall require Town authorization.
(3) The Planning Board or CEO may incorporate permit conditions of other agencies into local approval conditions and/or supplement these with local conditions.
(4) For the purpose of implementing this section, the Planning Board may require engineering, design and construction plans to alleviate or mitigate adverse impacts that may be created by the proposed development.
(5) Area and dimensional standards of the underlying zoning district may be replaced by more stringent standards which may better fulfill the intent of this district.
(6) In considering the number of lots permissible under § 278 of Town Law, lands within the floodplain and wetland overlay districts shall not be counted in the calculation of land available for development.
(7) Larger lots or open spaces not utilized for development shall be treated in one of the following manners:

(a) Dedication to the public.
(b) Reservation from development with land held in common by a community association.
(c) Restrictive covenants on EPOD lands and other lands designated by the Planning Board to enhance the open space qualities of the development to minimize land disturbance and to maintain natural open space values.

(8) A maintenance and environmental management plan shall be submitted for all lands subject to Subsection I(7) above.
(9) The use of § 278 in conjunction with these regulations shall not be permitted where, in the opinion of the Planning Board, upon advice of the Conservation Board, the concentration of individual sewage disposal systems may impair ground or surface waters, or unnecessarily disturb woodlots.
(10) Development on lots should consider the visual perception of the development from adjoining developments, adjoining lots and roadways.
(11) Wherever possible, open space linkages shall be provided to adjoining designated open space lands in order to maintain continuity.
(12) The Planning Board may reduce front yard setbacks on two-acre or larger lots where construction of the access driveways would unnecessarily disturb the landscape, and providing that other design guidelines of individual EPOD Districts can be met.

(1) All decisions shall require written findings consistent with the above.
(2) Where applicable, notice of decisions shall be the same as required for associated development or approvals. If unassociated, notice shall be the same as for a building permit.

(1) Following approval of an application, and prior to the issuance of any building or other permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount determined by the Town Board to be sufficient to cover the costs of compliance, contingencies and inspection of the various specifications and conditions of the EPOD development authorization. The purpose of the letter of credit or certified check shall be to ensure that all items, activities or structures specified in the plans approved by the CEO or the Planning Board are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town of Parma.
(2) The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the CEO has completed inspection of the completed work.
(3) The requirement for a letter of credit or similar financial guarantee may be waived by the Town Board upon recommendation of the Conservation Board or Town Engineer.

L. Suspension or revocation of permits.
The CEO may suspend an authorization (temporarily) until such time as the board having jurisdiction reviews the suspension. The board having jurisdiction, upon recommendation of the CEO, and after providing the permittee five days' written notice, may suspend or revoke an approval issued in accordance with the provisions of this article where it has found evidence that the applicant has not complied with any or all terms or conditions of such approval, has exceeded the authority granted in the approval or has failed to undertake the project in the manner set forth. The CEO shall notify the applicant of the findings and reasons for revoking or suspending an authorization issued pursuant to this article, in writing, and shall forward a copy of said findings to the applicant.

Penalties for offenses.
Failure to obtain an EPOD permit shall be considered a zoning violation and be subject to penalties as specified elsewhere in this chapter. Additionally, the violator may be required to restore the resource to its original condition.

See Applications for Planning Board Review for more information.