A.
Purpose and intent. The Waterbody Protection Overlay District (WPO)
is established to provide protection to the City's waterbodies, creeks
and stream corridors. Creating and preserving vegetated stream and
creek buffers will be protective of water quality, will prevent erosion
and preserve and enhance animal habitat and plants to sustain the
ecological services provided by aquatic resources such as ponds, lakes,
and streams. It is also imperative to note the designation of the
Hudson River as a National Heritage Site in the mid-Hudson region.
B.
The purpose of this section is to regulate land uses within or adjacent
to a stream corridor or waterbody to protect water quality, habitat
and biodiversity, and scenic resources, and to reduce the risk of
damage from flooding. It is important to note that the entire Quassaick
Creek Watershed, which originates in Ulster County, and drains the
northeastern portion of Orange County, flows through the City of Newburgh
to the Hudson River. It is therefore imperative to the protection
of public health, safety, and welfare to appropriately manage development
adjacent to this critical resource. The primary goals of the WPO are
to:
(2)
Provide for responsible development of parcels adjacent to the City's
creeks, streams and waterbodies.
(3)
Protect public health and welfare by preserving water quality, filtering
pollution and sediments and reducing the risk of damage from flooding.
(4)
Enhance the aesthetic character of the City's creeks, streams and
waterbodies, which are a source of civic pride.
(5)
Promote public access to the shores of the creeks, streams and waterbodies.
(6)
Reorient development to feature the streams, creeks and waterbodies
and allow the public to use the shores and the water resources for
passive and active recreation.
(7)
Promote public awareness of the vital ecological and historic value
of the mapped waterbodies of the City of Newburgh.
C.
Boundaries. The Water Protection Overlay District includes all land
lying within 100 feet of the top of the bank on each side of the following
waterbodies. Where there is no clearly defined bank, the district
boundary shall be measured from the mean high-water line of the waterbody.
Where there are steep slopes, also protected from development, the
measurement will be from the top of the bank and continued along the
top of the slope where it levels off until 100 feet is met.
(1)
Quassaick Creek.
(2)
Gidneytown Creek.
(3)
Harrison Pond.
(4)
Strook's Pond to the east of Harrison Pond and west of Gidneytown
Creek.
(5)
Crystal Lake.
(6)
Muchattoes Lake.
(7)
Unnamed ponds (2) southwest of Crystal Lake.
(8)
Unnamed stream that flows into and out of Crystal Lake and is tributary
to the Quassaick Creek. (Note: The portion of this unnamed stream
northeast of Crystal Lake is not mapped on the national hydrography
dataset and is not accurately mapped by the NYS DEC.)
(9)
That portion of the Hudson River that is not within the Planned Waterfront
District (PWD) Zoning District.
D.
Regulatory effect and land uses. The requirements of the Waterbody
Overlay District shall apply to parcels that have any part within
the WPO District, as shown on the Zoning Map, not just the portion
of parcels within the WPO. The requirements of this section will be
in addition to the requirements of the underlying zoning district.
E.
Setbacks. Within the WPO District, no principal structure shall be located within 100 feet of a creek, stream or waterbody, and no accessory structure 200 square feet or greater shall be located within 50 feet of a watercourse. These setbacks shall not apply to docks, piers, bridges, and other structures, which, by their nature, must be located on, adjacent to, or over the watercourse. For purposes of determining setbacks, measurements shall be horizontal distances measured from the top of the bank or mean high-water line, as appropriate. For lots in existence prior to the effective date of this chapter, and for any project for which an environmental impact statement has been prepared, the City Planning Board may modify these setback requirements, provided that the City Planning Board finds that the proposed construction will comply with § 300-46F(2).
F.
Site plan approval requirement. Within the WPO District, no person
shall clear, fill, dredge, excavate, deposit materials, or undertake
any construction activities without site plan approval as detailed
in this section.
(1)
All parcels having any part within the WPO shall be subject to site plan review and approval and may not be exempted from that requirement based on § 300-46.
(2)
The City Planning Board shall refer the site plan application to
the Conservation Advisory Council. The CAC has 30 days from the date
of referral to provide its comment on the application.
(3)
The City Planning Board may only grant site plan approval for any of the activities noted in § 300-31 if it finds the proposed activity is compliant with the following appropriate conditions:
(a)
The proposed activity will not result in erosion or pollution
from surface or subsurface runoff. In making such determination, the
City Planning Board shall consider slopes, drainage patterns, water
entry points, soil erosion, depth to bedrock and high-water table,
and other relevant factors.
(b)
The proposed activity includes appropriate measures to minimize
stormwater quantity and velocity, improve stormwater quality, promote
inflow and infiltration, protect stream and lake/pond banks from erosion,
improve the water quality of the City's waterways, and increase public
awareness of these critical resources. This section applies to the
entire parcel, not just the portion of the parcel within the WPO.
These measures may include any of:
[1]
Vegetated stream bank buffers.
[2]
Rain gardens and bioretention swales.
[3]
Storage and reuse of roof, sidewalk, and parking lot runoff.
[4]
Pervious paving materials.
[5]
Appropriately placed, designed, and managed constructed wetlands.
[6]
Public access to resource.
[7]
Public education materials (signs, kiosks, viewing areas, etc.).
[8]
Other measures identified by the City, county, state or regional
planning entities as appropriate to further the goals specified above.
(c)
Any areas of natural resource preservation on the site shall
be linked, to the extent practical, with preservation areas on adjacent
parcels.
(d)
The proposed activity would provide passive, nonpermanent recreation
and walking trails and/or public pedestrian access to the creek, stream
or waterbody and will comply with all other applicable provisions
of this chapter.
(e)
Any new encroachment into the WPO has been demonstrated to be,
in the City Planning Board's opinion, the only practicable alternative,
taking into consideration other alternatives requiring no or lesser
impacts within the WPO.
(f)
Any encroachment into the WPO is required so as not to deprive
the owner of all reasonable returns on investment relating to the
development of his or her parcel, if said parcel is in an undeveloped
condition and in single ownership.
(g)
The planting and keeping of gardens in areas already cleared
of natural vegetation and currently existing in a maintained condition
(i.e., lawn).
(h)
The proposed activity will not result in degradation of scenic
character and will be compatible with its surroundings.
(4)
If a special use permit, variance or subdivision approval is required
in connection with a project located in the WPO and subject to the
provisions herein, the requirements of this section shall be considered
in such a proceeding, and no separate site plan approval shall be
required.
G.
Erosion and stormwater management.
(1)
For any special use permit, site plan, variance, or subdivision application in which the area to be disturbed lies partially or wholly within the WPO, an erosion and sediment control plan shall be required pursuant to the stormwater management regulations in Chapter 248 of the Code of the City of Newburgh, § 248-59B.
H.
For lots in existence prior to the effective date of this chapter
that are currently developed with a building, parking lot, or any
other impervious surface within the WPO, and are applying for amendments
to their site plan, subdivision, special use permit or variance, at
the time of application:
(1)
No increase in the amount of the WPO covered by impervious surface
is allowed.
A.
The purpose and intent of the Neighborhood Commercial Overlay District
(NC) is to:
(1)
Recognize the existing development pattern within the area of the
City along the gateways to the City and westernmost portion of Broadway.
(2)
To allow multiple uses within buildings and within lots in order
to promote market-driven uses and redevelopment within targeted areas
of the City, as identified in the Future Land Use Plan.
B.
Within the NC Overlay District, the following uses are added to the
list of uses permitted as of right but require site plan approval.
C.
