This chapter will be known as "Chapter 159 of the Code of Ordinances" and shall be entitled "The City of Newburgh Conservation Advisory Council."
This chapter is adopted under the authority of the Municipal Home Rule Law, the New York General Municipal Law Article 12-F, the New York General Municipal Law Waterfront Revitalization and Coastal Resources Act of the State of New York (Article 42 of the Executive Law), and New York General Municipal Law Article 5, § 96-B, Tree Conservation.
The City of Newburgh ("City") is renowned for its scenic beauty and bucolic open spaces, urban and historic character, natural resources and outstanding quality of life. The City is also known for the care it takes to ensure that its nationally recognized resources are protected and preserved. The preservation and improvement of the quality of the natural environment within the City are of vital importance to the health, welfare and economic well-being of present and future residents and require action by the City Council. The City recognizes its vulnerabilities to changing weather patterns and the need to take measures to both mitigate and adapt to them; the City also acknowledges that green infrastructure tempers warming, sequesters carbon and helps to absorb stormwater. It is recognized that the biologic integrity of the natural environment, on which residents depend for survival and the natural and functional beauty of our surroundings, which affect the quality of our life experiences, must be protected with the full cooperation and participation of all the people of the City working in partnership with local, state and federal officials and with various public and private institutions, agencies and organizations. Recognizing the effects of climate change, the preservation, enhancement, remediation, and utilization of the natural and man-made resources of the City, including its unique coastal area, must take place in a coordinated and comprehensive manner to ensure a proper balance between natural resources and the need to accommodate population growth and economic development. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of natural resources while preventing: loss of living estuarine and riparian resources and wildlife; diminution of open space areas or public accesses to the waterfront; erosion of shoreline and stream banks; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; encroachment on such other lands owned by the City that would negatively impact its drinking water sources; or permanent adverse changes to ecological systems.
Establishment of a Conservation Advisory Council is a necessary step in fostering coordinated action on environmental issues. It is essential that the City Council designate one entity for coordinating and communicating, in a timely manner, all relevant information on the natural environment among the Planning Board, Zoning Board of Appeals, City Council, City Manager, Corporation Counsel, City Engineer, Water Department, Department of Public Works, City Planner, Architectural Review Commission, the Arborist, Code Compliance Bureau, and Building Inspector.
As used in this chapter, the following terms shall have the meanings indicated:
- Action as defined in NYCRR 617.2(b).
- Any board, agency, department, office, other body or any officer of the City of Newburgh.
- The professional retained by the City to perform services with regard to the selection, identification, treatment and removal of trees.
- COASTAL ASSESSMENT FORM (CAF)
- The form contained in Appendix A, used by an agency to assist it in determining the consistency of an action with the Local Waterfront Revitalization Program.
- That the action will fully comply with the LWRP policy standards and conditions and, whenever practicable, will advance one or more of them.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program is both a plan and a program. The term refers to both the planning document prepared by the City, as well as the program established to implement the plan The LWRP contains the City's policies and recommendations, consistent with the coastal management policies of the state, to promote beneficial waterfront development enhanced by or dependent on the City's waterfront resources and in balance with protection of its natural coastal resources. The Local Waterfront Revitalization Program of the City of Newburgh, approved by the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law Article 42), is on file in the office of the Clerk of the City of Newburgh.
- NATURAL RESOURCE INVENTORY
- A compilation of the natural resources of the City, including locations appropriate for expansion of natural resources, areas appropriate for green infrastructure, and open areas, as defined by New York General Municipal Law § 239-y, and of the ownership, present use and proposed use of such areas, described and listed according to the priority of preservation. This compilation shall be maintained in a usable format; the primary purpose of the Natural Resource Inventory is to provide data that can provide a basis for municipal planning to maintain or enhance the conservation of natural or scenic resources.
- OPEN SPACE MAP
- A visual and geographically accurate representation of the natural resources and open areas contained in the Natural Resource Inventory that has been accepted and approved by the City Council.
- All public parks that have individual names.
- PUBLIC AREAS
- All other grounds owned by the City of Newburgh, County of Orange.
- PUBLIC TREES
- All shade and ornamental trees growing in the City's rights-of-way, parks or any public areas where otherwise indicated.
- The New York State Environmental Quality Review Act, which requires local legislatures and land use agencies to consider, avoid, and mitigate significant environmental impacts of the projects that they approve, the plans or regulations they adopt, and the projects they undertake directly.
- Woody plants with many more-or-less erect stems.
- SIGNIFICANT ACTIONS
- An action that may have a significant adverse impact on the environment as determined under NYCRR 617.7.
- STREET AND RIGHT-OF-WAY
- The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular or pedestrian traffic.
- All woody plants having one well-defined stem or a more-or-less definitely formed crown and attaining a height of at least 15 feet and a diameter of not less than two inches at maturity.
- WATERFRONT AREA
- That portion of New York State coastal waters and adjacent shorelands, as defined in Article 42 of the Executive Law, which is located within boundaries of the City of Newburgh, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the City of Newburgh Local Waterfront Revitalization Program.
Appendix A is on file in the City offices.