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local law 15 pages

Also attached to this agenda item: SEAF Part II

□WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent DEVELOPMENT POLICIES yes/no yes/no yes/no yes/no 1 Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses 1A Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro-North train station, while facilitating public access to the bay area and recreational use. 1B Encourage restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. 1C Encourage the appropriate re-use of the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters LOCAL WATERFRONT REVITALIZATION PROGRAM ‐ POLICY REVIEW SHEET □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no 2A Encourage water-enhanced commercial uses where such uses complement waterdependent uses and do not result in displacement of such uses. Further develop the State’s existing major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, waterborne transportation of cargo and people. Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity. Encourage the location of development in areas where public services and facilities essential to such development are adequate. yes yes 5A When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent DEVELOPMENT POLICIES yes/no yes/no yes/no yes/no Expedite permit procedures in order to facilitate the siting of development activities at suitable locations yes yes FISH & WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats 7A The quality of the Croton River and Bay Significant Coastal Fish and Wildlife Habitat and Haverstraw Bay Significant Fish and Wildlife Habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat and the Haverstraw Bay Significant Fish and Wildlife Habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat or Haverstraw Bay Significant Fish and Wildlife Habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay Significant Fish and Wildlife Habitats and shorelands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites LOCAL WATERFRONT REVITALIZATION PROGRAM ‐ POLICY REVIEW SHEET □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact to the significant fish and wildlife habitats. 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity in the Croton River and Hudson River spawning areas shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. 7G Construction activity of any kind must not cause significant degradation of water quality or impact identified significant fish and wildlife habitats. 7H Habitat-related policies identified in the Indian Brook-Croton Gorge Watershed Conservation Action Plan will be considered in actions proposed for these areas (see Appendix C). Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sub-lethal or lethal effect on those resources. Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new 9A Ensure continued recreational use and public access to the rivers through Village- owned land adjacent to the railroad parking lot, at Croton Point Park, at Senasqua and Croton Landing Parks, along the Croton River, and at the Croton Yacht Club. Efforts should be made to increase opportunities for public access and enjoyment in these areas. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no 9B Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society sanctuaries, Jane Lytle Arboretum, Gouveia Park and on other public or private lands within the Village where wildlife habitats are located, as well as the protection of such resources. Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing on-shore commercial fishing facilities, increasing marketing of the State's seafood products, maintaining adequate stocks and expanding aquaculture facilities. Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. 12A Every effort should be made to protect Croton Point, a natural protective barrier to Croton Bay from activities or development that would increase erosion of or flooding of the point. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) WAC Applicable W A W A L e L e Applicable Consistent Applicable Consistent yyyy Lead Applicable Lead Applicable The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features. Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible. 17A Efforts to control erosion along the rivers and on the steep slopes inland shall be of a non-structural nature, wherever possible, to minimize the visual impact of structural measures. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent GENERAL POLICY yes/no yes/no yes/no yes/no To safeguard the vital economic, social and environmental interests of the State and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the State has established to protect valuable coastal resource areas. Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities yes yes 19A Encourage the linkage of open space from upland areas to and along the Hudson and Croton Rivers in the form of a trail or walkway system. 19B Increase public access to areas that offer physical and visual connection to the Hudson River or Croton River and Bay. 19C Encourage the improvement of public transportation, when feasible, where water dependent and water-enhanced recreation activities are located. 19D Improve and maintain access to Croton River and Bay at the Village-owned Echo Canoe Launch south of the Village parking lots at the Croton-Harmon Station. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applic able Consi stent Applic able Consi stent GENERAL POLICY yes/no yes/no yes/no yes/no Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly-owned shall be provided and it should be provided in a manner compatible with adjoining uses. Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities Water dependent and water enhanced recreation will be encouraged and facilitated, and will be given priority over non-water related uses along the coast. 21A Boating and fishing activities should be encouraged provided that they do not restrict other water-related recreational opportunities and are undertaken in a manner compatible with existing water-dependent uses. Development when located adjacent to the shore will provide for water-related recreation whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development. HISTORIC AND SCENIC QUALITY POLICIES Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the Nation. Prevent impairment of scenic resources of statewide significance. (The nearest scenic area of statewide significance (SASS) is the Bear Mountain Park subunit of the Hudson Highlands SASS which is north of the Village) Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. yes yes LOCAL WATERFRONT REVITALIZATION PROGRAM ‐ POLICY REVIEW SHEET □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no 25A Establish and protect identified public viewsheds of the Hudson River, including but not limited to the public views of the Hudson River from the western shoreline of the Village, and of the Croton River and Gorge. yes/no yes/no yes/no yes/no Conserve and protect agricultural lands in the State’s coastal area. Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. Ice management practices shall not interfere with the production of hydroelectric power, damage significant coastal fish and wildlife and their habitats, or increase shoreline erosion or flooding The development of offshore uses and resources, including renewable energy resources, shall accommodate New York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York. Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no 30A Existing rail services and transportation-related facilities shall not dispose of any regulated materials in coastal waters until all such regulated materials have been tested by the State for conformance with water quality standards. State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint. Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. 33A The flow of stormwater discharge shall be controlled to limit the flow of pollutants from street and parking areas, etc. directly into the rivers and water bodies. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no Discharge of waste materials into coastal waters from vessels subject to State jurisdiction will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas. 34A Moored structures or marine vessels shall not discharge ballast water or other releases into the waterway. Dredging and filling in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing State permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands. Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. 37A Control of the development of hilltops, and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. yes yes LOCAL WATERFRONT REVITALIZATION PROGRAM ‐ POLICY REVIEW SHEET □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no The quality and quantity of surface water and ground water supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources. Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to State water quality standards. Land use or development in the coastal area will not cause national or State air quality standards to be violated. Coastal management policies will be considered if the State reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. Land use or development in the coastal area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP POLICIES WAC WAC Lead Agency Lead Agency COMMENTS Applicable Consistent Applicable Consistent yes/no yes/no yes/no yes/no WETLAND POLICY Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) Policy LWRP SECTION IV PROPOSED LAND USES AND PROJECTS Completed Action Required As per section 225-6 (e): The lead agency which is making a determination of consistency for direct actions must also review consistency with Section IV of the LWRP, in making its consistency determination. ENSURE MAINTENANCE OF NEW CROTON DAM CONSERVATION FLOW. Maintaining natural river flows below water supply reservoirs is inherently complicated, and requires a difficult balance between human demands and sustainable flows to conserve a river’s ecological health. ADDRESS DRAINAGE SYSTEMS THAT LEAD TO EROSION ON STEEP SLOPES. The objective of this project is to promote activities that will control soil erosion and sedimentation caused by stormwater runoff. These issues are most significant along the steep banks of the Croton River Gorge. FACILITATE UPGRADES TO CATCH BASINS AND OUTFALLS TO ADDRESS FLOATABLES IN CROTON BAY. The intent of this project is to control stormwater runoff discharges and other pollutants from entering Croton Bay. Protecting the ecological health of Croton Bay and River is a priority for the Village. FACILITATE UPGRADES TO CROTON-HARMON PARKING LOT TO ADDRESS FLOATABLES IN CROTON BAY. The parking facility is currently overwhelmed by asphalt paving with rows of cars. There is minimal landscaping or greenery, and in certain areas, parking directly abuts wetland areas in the Croton Bay. The Village should consider implementing green infrastructure within the parking lot in order to capture runoff onsite and reduce sewer overflows. IMPROVE ECHO CANOE LAUNCH AND VILLAGE-OWNED LAND AT THE SOUTHERN END OF THE TRAIN STATION PARKING LOT. This project supports the continued improvement of this recreational area to enhance public access to the Croton River and Bay and the Hudson River. RELOCATE VILLAGE DPW FACILITY, SALT SHED AND MATERIAL STORAGE AREA. The DPW operates a salt storage shed at the southern end of the Croton-Harmon parking lot. There is also an uncovered storage area near the salt shed for rocks and other construction materials LOCAL WATERFRONT REVITALIZATION PROGRAM ‐ POLICY REVIEW SHEET □WATERFRONT ADVISORY COMMITTEE (date May 21, 2024) Lead Agency: □VILLAGE BOARD/□PLANNING/□ZONING BOARD OF APPEALS (date__________) FACILITATE ACCESS TO THE HUDSON RIVER WATERFRONT A recurring comment from public input during this LWRP process and prior plans was the need to improve access to the Hudson River waterfront for vehicles, pedestrians, and bicyclists. Although there have been some improvements such as the Brook Street pedestrian bridge, in general, access to the waterfront is limited, and difficult in some locations. FACILITATE CROTON YACHT CLUB/CROTON LANDING IMPROVEMENTS. The concept of a waterfront restaurant, or another use at the southern end of Croton Landing Park, adjacent to the Croton Yacht Club, has been discussed by the Village for years. Parking is also an issue as there is already insufficient on-site parking at Croton Landing Park to satisfy demand during busy hours. IMPLEMENT SEGMENT OF RIVERWALK TRAIL FROM CROTON LANDING PARK TO OSCAWANA COUNTY PARK. According to the Hudson River Trailway Plan (2003), Westchester County has proposed a 1-mile trail along the Hudson River that would connect Croton Landing Park with Oscawana County Park in Cortlandt. This trail would fill a gap between the RiverWalk trails at these two parks. UNDERTAKE MANAGEMENT AND CAPITAL IMPROVEMENT PLAN FOR VILLAGE PARKS, TRAILS, OPEN SPACES AND MEMORIALS. This project supports the creation of a Parks Maintenance and Capital Improvement Plan to address ongoing care and protection of existing parks, open spaces, and trails. The goal would be to provide an action plan for regular maintenance and targeted capital improvements when needed. yes no DEVELOP PLAN FOR FUTURE USE OF GOUVEIA PARK The purpose of this project is for the Village to create a conceptual plan that will examine how to best utilize the Gouveia Park, a 15.63-acre site acquired by the Village.