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.
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:
Provide for responsible development of parcels adjacent to the City's creeks, streams and waterbodies.
Protect public health and welfare by preserving water quality, filtering pollution and sediments and reducing the risk of damage from flooding.
Enhance the aesthetic character of the City's creeks, streams and waterbodies, which are a source of civic pride.
Promote public access to the shores of the creeks, streams and waterbodies.
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.
Promote public awareness of the vital ecological and historic value of the mapped waterbodies of the City of Newburgh.
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.
Strook's Pond to the east of Harrison Pond and west of Gidneytown Creek.
Unnamed ponds (2) southwest of Crystal Lake.
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.)
That portion of the Hudson River that is not within the Planned Waterfront District (PWD) Zoning District.
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.
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).
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.
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.
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.
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:
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.
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:
Vegetated stream bank buffers.
Rain gardens and bioretention swales.
Storage and reuse of roof, sidewalk, and parking lot runoff.
Pervious paving materials.
Appropriately placed, designed, and managed constructed wetlands.
Public access to resource.
Public education materials (signs, kiosks, viewing areas, etc.).
Other measures identified by the City, county, state or regional planning entities as appropriate to further the goals specified above.
Any areas of natural resource preservation on the site shall be linked, to the extent practical, with preservation areas on adjacent parcels.
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.
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.
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.
The planting and keeping of gardens in areas already cleared of natural vegetation and currently existing in a maintained condition (i.e., lawn).
The proposed activity will not result in degradation of scenic character and will be compatible with its surroundings.
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.
Erosion and stormwater management.
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.
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:
No increase in the amount of the WPO covered by impervious surface is allowed.
The purpose and intent of the Neighborhood Commercial Overlay District (NC) is to:
Recognize the existing development pattern within the area of the City along the gateways to the City and westernmost portion of Broadway.
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.
Within the NC Overlay District, the following uses are added to the list of uses permitted as of right but require site plan approval.
Off-street parking. Off-street parking required for the uses listed in Subsection B shall be the same as those listed for the CD Commercial District.