City of Plattsburgh

Local Waterfront Revitalization Program

Revised Draft


July 2020


Table of Contents

Introduction 1

The Local Waterfront Revitalization Program 2

Harbor Management Plan 4

Section I. Waterfront Boundary 6

Section II. Inventory & Analysis 9

  1. Regional Setting & Community Characteristics 9

  2. The Saranac River & Lake Champlain 21

  3. Existing Land Use & Analysis of Opportunities and Constraints 24

  4. Land Ownership 39

  5. Public Access and Recreation 46

  6. Infrastructure 52

  7. Historic Resources 56

  8. Topography & Geology 62

  9. Water Quality 63

  10. Environmentally Sensitive Features 63

  11. Fish Resources 68

  12. Scenic Views 68

  13. Zoning 69

  14. Summary of Key Waterfront Issues 79

Section III. Local Waterfront Revitalization Policies 81

Harbor Management Policies 81

Coastal Policies and Implementation 82

Development Policies 85

Fish and Wildlife Policies 94

Flooding and Erosion Hazards Policies 98

General Policy 101

Public Access Policies 101

Recreation Policies 106

Historic and Scenic Resource Policies 109

Agricultural Lands Policy 114

Energy and Ice Management Policies 118

Water and Air Resources Policies 121

Wetlands Policy 127

Section IV. Proposed Land and Water Uses & Proposed Projects 129

  1. Proposed Land Uses 130

  2. Proposed Water Uses/ Harbor Management Plan 152

Section V. Local Techniques for Implementation 154

  1. Local Laws Necessary to Implement the LWRP 154

  2. Other Public & Private Actions Necessary to Implement the LWRP 157

  3. Management Structure Necessary to Implement the LWRP 158

  4. Financial Resources Necessary to Implement the LWRP 158

Section VI. State Actions and Programs Likely to Affect Implementation 160

  1. State Actions & Federal Programs Which Should Be Undertaken in a Manner Consistent with the LWRP 161

  2. State Programs Necessary to Further the LWRP 175

    Section VII. Local Commitment & Consultation 177


    Appendices

    Appendix A – Guidelines for Notification and Review of State Agency Actions Where Local Waterfront Revitalization Programs Are in Effect

    Appendix B – Consistency Review Law

    Appendix C – City of Plattsburgh Waterfront Assessment Form Appendix D – Public Participation – 1995

    Appendix E – Recent Public Participation

    Appendix F – Public Feedback during October 28, 2015 Workshop Appendix G – Online Public Feedback following October 28, 2015 Workshop Appendix H – Project Matrix

    Appendix I – Chapter 270 of the City of Plattsburgh Code: Zoning Law Appendix J – Recommended Zoning Changes

    List of Maps

    Map 1 - Waterfront Revitalization Area Boundary Map Map 2 - LWRP Subareas Boundaries

    Map 3 - Plattsburgh Regional Setting

    Map 4A - Existing Land and Water Uses: City-wide Map 4B – Existing Land and Water Uses: North End

    Map 4C – Existing Land and Water Uses: Cumberland Ave/Wilcox Dock Map 4D – Existing Land and Water Uses: Dock St- Durkee St- Downtown Map 4E – Existing Land and Water Uses: Old Base

    Map 4F – Existing Land and Water Uses: Upper Saranac Map 5A - Existing Ownership: City-wide

    Map 5B – Existing Ownership: North End

    Map 5C – Existing Ownership: Cumberland Ave/Wilcox Dock Map 5D – Existing Ownership: Dock St- Durkee St- Downtown Map 5E – Existing Ownership: Old Base

    Map 5F – Existing Ownership: Upper Saranac

    Map 6A - Historic Resources and Public Access within WRA

    Map 6B - Historic Resources and Public Access within WRA: North Plattsburgh

    Map 6C - Historic Resources and Public Access within WRA: Downtown Plattsburgh Map 6D - Historic Resources and Public Access within WRA: Southern Plattsburgh Map 7A - Environmental Features: Wetlands and Flood Zones

    Map 7B: Environmental Features: Soil Classification

    Map 7C: Environmental Features: Slope, Wind, Scenic Views Map 8A - Existing Zoning: City-wide

    Map 8B – Existing Zoning: North End

    Map 8C – Existing Zoning: Cumberland Ave/Wilcox Dock Map 8D – Existing Zoning: Dock St- Durkee St- Downtown Map 8E – Existing Zoning: Old Base

    Map 8F – Existing Zoning: Upper Saranac Map 9A – Proposed Project Areas

    Map 9B – Proposed Land Uses: North End Subarea: Concept 1 Map 9C – Proposed Land Uses: North End Subarea: Concept 2

    Map 9D – Proposed Land Uses: Cumberland Ave/Wilcox Dock Subarea: Concept Map 9E – Proposed Land Uses: Dock St- Durkee St- Downtown Subarea: Concept

    Map 9F – Proposed Land Uses: Dock St- Durkee St- Downtown Subarea: Concept Detail Map 9G – Proposed Land Uses: Old Base Subarea: Concept


    Key Definitions

    Underutilized: In terms of waterfront and downtown revitalization, property is not used to its full potential. This should be considered in any long-term plans for the future.

    Water-Dependent Use: means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

    Water-Enhanced Uses: means a use or activity which does not require a location adjacent to a water body, but whose location on the waterfront adds to the public use and enjoyment of the water’s edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment uses.


    Introduction


    The City of Plattsburgh's Local Waterfront Revitalization Program (LWRP) has been prepared with the following goals foremost in mind:

Like many of its neighbors in the northeastern United States, the City of Plattsburgh is a regional urban center which has struggled to balance its numerous assets with the forces of change in the twentieth century. Its once thriving downtown, and resort- and industry-based waterfront, endured a long period of decline, which has recently begun to be reversed. Over the past several decades, the viability and cohesion of the city's downtown has been seriously eroded by the construction of I-87 and numerous outlying strip shopping centers, including Plattsburgh Plaza, Ames Plaza, Pyramid Malls, North Country Plaza, and Skyway Shopping Center. While I-87 linked Plattsburgh to the U.S. Interstate system, vastly improved its accessibility to the American and Canadian markets, and made it a much more attractive place to do business, it has also made it easier for potential visitors to bypass the city altogether, has spurred development at the western edge of the city and continues to draw people away from the downtown.

In an effort to counter deterioration of the central business district and its neighboring older commercial and residential areas, the city has made successful use of numerous federal and state funding programs for community planning, housing rehabilitation and commercial revitalization, such as the U.S. Department of Housing and Urban Renewal's Community Development Block Grant (CDBG) programs and New York State programs such as Economic Development Zone designation, RESTORE, AHC and Rental Rehab programs. Revolving loan funds have also been established for the rehabilitation of downtown commercial buildings.

Since the late 1980s, the City has also undertaken a number of publicly-funded programs to improve waterfront and public park areas. Riverwalk Park, including a picnic area and pedestrian bridge, was developed on the south bank of the Saranac River, providing views of the Macdonough Monument and City Hall. In addition, a handicapped-accessible fishing dock was created at the Macdonough Monument, landscaping improvements and walkway paving were completed with substantial volunteer assistance at the Champlain Monument (opposite Riverwalk Park), the City Beach received major improvements and the Heritage Trail, complete with lengthy boardwalk, biking trail, and picnic pavilion, was created with Environmental Quality Bond Act funding. Walking trails, linking the city's various historic landmarks and natural resources, have also been established.1 Supported by multiple grants from the NYS Environmental Protection Fund - Local Waterfront Revitalization Program, the Dock Street Landing area has undergone a total transformation from a former rail yard and brownfield to a park, boat launch, trail, parking, and infrastructure to support future development. These activities are all part of the city's larger vision of creating a system of walking trails and publicly-accessible areas along Lake Champlain and the Saranac River, which will be addressed in the development of this Local Waterfront Revitalization Program.


image


1 For example, see "Heritage Trail - City of Plattsburgh Walking Tour of Historical and Natural Attractions" (three-fold brochure in English and French); "Discover Historic Plattsburgh;" and "Historical Sites at Plattsburgh Air Force Base."



City of Plattsburgh Community Vision 2015:

The City of Plattsburgh is a community extraordinary in is orientation to Lake Champlain and the Saranac River that possesses rich environmental, recreational, historical, cultural, artistic and economic resources. Our trails, parks, marinas, and boat launches maximize access to our waterways, creating unforgettable recreational experiences and optimizing permanent public access.


Our inviting and vibrant city offers strong linkages to the rest of our region making it the hub of the Adirondack Coast.


We promote development that fosters the area’s educational, cultural, artistic, recreational, dining and retail opportunities and attracts both residents and visitors throughout the year. We are stewards of our land and water and of the rich heritage that has shaped our community. We forge lifelong connections among all who live, work, and recreate here that will endure for generations.

The City has also made great strides in terms of downtown revitalization, through the successful development of commercial facade improvement programs, infrastructure improvements, traffic pattern realignment, creation of additional parking facilities and aggressive programs to attract people and business to the downtown. In recognition of its efforts to improve, the City received a Main Street Revitalization Award from the Preservation League of New York State for its facade improvement and downtown revitalization efforts. In 1994 the Downtown Future Planning Commission was created to prepare a downtown development plan. The Commission generated four goals for downtown Plattsburgh, which include improving the city's appearance and atmosphere; easing movement of motorists and pedestrians; preserving, enhancing

and capitalizing on historic and natural resources; and providing a capacity and environment that will stimulate economic development. The Point Historic District Committee2 was also formed around this time, and provided important information for a 1996 study that explored links between the downtown and the waterfront.

A Local Waterfront Revitalization Waterfront Advisory Committee was first established in 1996 under the auspices of the Mayor and the City's Community Development Office to guide the development and implementation of a Local Waterfront Revitalization Program for the City. From 1995 to 1998, a Project Team consisting of City staff, consultants, the Downtown Future Planning Commission, the Point Historic District Commission, and the Waterfront Advisory Committee held focus group meetings and prepared a draft LWRP supported by funding from an EPF-LWRP grant. The LWRP was subsequently circulated for public review by city residents and state agencies and revisions were made in response to comments submitted. Recognizing the need to coordinate the LWRP with the City’s Comprehensive Plan, the City applied for and was awarded an EPF- LWRP grant in 2009 to re-examine the community’s vision for its waterfront and update the LWRP to reflect that vision. In this most recent effort, a Project Advisory Committee (PAC) was formed to facilitate communication and cooperation among local governments, county and state agencies, interest groups, and others essential to the preparation of the LWRP. This volunteer committee was instrumental in public participation efforts, networking, sharing information, and

formulating the goals and vision for the process (see the sidebar for the 2015 Vision Statement). Additional public participation information is contained in Appendix E. This document presents the updated vision, policies to guide development and resource protection, and proposed LWRP implementation measures to reflect the community’s priority projects and regional opportunities.


The Local Waterfront Revitalization Program

The New York State Department of State Local Waterfront Revitalization Program (LWRP) is a comprehensive program that refines legislatively established waterfront policies by incorporating local circumstances and objectives. Legislative authorization for the NYS LWRP is New York State Executive Law, Article 42, "Waterfront Revitalization of Coastal Areas and Inland Waterways" (adapted from Chapter 842 of the Laws of 1981 and Chapter 366 of the Laws of 1986).


image


2 See Point Historic District Committee's draft report and related public comments dated June, 1996.



These laws articulate the State's policy regarding its coastal areas and inland waterways, and are designed to encourage the following goals:

  1. To achieve a balance between economic development and preservation that will permit the beneficial use of coastal and inland waterway resources while preventing the loss of living marine resources and wildlife, diminution of open space areas or public access to the waterfront, shoreline erosion, impairment of scenic beauty, or permanent adverse changes to ecological systems.

  2. To encourage the development and use of existing ports and small harbors including use and maintenance of viable existing infrastructures, and to reinforce their role as valuable components within the state's transportation and industrial network.

  3. To conserve, protect and where appropriate promote commercial and recreational use of fish and wildlife resources and to conserve and protect fish and wildlife habitats identified by the department of environmental conservation as critical to the maintenance or re-establishment of species of fish or wildlife. Such protection shall include mitigation of the potential impact from adjacent land use or development.

  4. To encourage and facilitate public access for recreational purposes.

  5. To minimize damage to natural resources and property from flooding and erosion, including proper location of new land development, protection of beaches, dunes, barrier islands, bluffs and other critical coastal and inland waterway features and use of non-structural measures, whenever possible.

  6. To encourage the restoration and revitalization of natural and manmade resources.

  7. To encourage the location of land development in areas where infrastructure and public services are adequate.

  8. To conserve and protect agricultural lands as valued natural and ecological resources which provide for open spaces, clean air sheds and aesthetic value as well as for agricultural use.

  9. To assure consistency of state actions and, where appropriate, federal actions, with policies of the coastal area and inland waterways, and with accepted waterfront revitalization programs of the area defined or addressed by such programs.

  10. To work cooperatively with the federal government, local governments, and private parties to implement programs to control and abate sources of nonpoint source pollution that may affect coastal and inland waterways.

  11. To cooperate and coordinate with other states, the federal government and Canada to attain a consistent policy towards coastal and inland waterway management.

  12. To encourage and assist local governments in the coastal area and inland waterways to use all their powers that can be applied to achieve these objectives.

  13. To facilitate the redevelopment of urban waterfronts.

  14. To encourage local governments to enter into intermunicipal agreements to protect their shared environment and improve their region's economic strength.

  15. To encourage state agencies to provide technical and financial assistance for implementation of local waterfront revitalization programs.

  16. To encourage local governments and state agencies to celebrate, protect, and enhance the special places that made waterfronts distinct ecological systems and the preferred locations for people to live, work and recreate.



The LWRP is a voluntary, grass-roots effort which brings together local and State governments, commerce and industry, environmental interests, private organizations, and community citizens to assess current opportunities and constraints and to build a consensus on the desired future of the community's waterfront. More importantly, the LWRP provides a strategy for achieving that vision and for managing local resources. Decision makers will then be able to respond with increased knowledge and purpose to future events affecting their waterfront area and to actively pursue an agreed upon program.

One of the components of such programs is the identification of long-term uses along the waterfront, including surface water and underwater uses, and specific projects for implementation. These uses and projects, in conjunction with an established management program, can significantly increase a community's ability to attract development activities that will take best advantage of the unique cultural and natural characteristics of their waterfront. The LWRP also serves to enhance the conservation and protection of valuable natural resources. As such, the LWRP represents a balance between economic development and environmental protection that permits the beneficial use of waterfront resources, while preventing the loss of valuable resources and public access opportunities to the waterfront. Once the LWRP is approved by the NYS Secretary of State, the community has the local controls in place to guide waterfront development and--a distinct benefit of a LWRP–the legal ability to ensure that all State actions proposed for their waterfront only occur in the fashion prescribed in the LWRP. This "consistency" provision is a strong tool that assures that State and local governments work in unison, and not at cross purposes, to build a stronger economy and a healthier waterfront environment.

The City's decision to develop a LWRP was concurrent with the completion of an Economic Development Zone (EDZ) Business/Employees Housing Study, a feasibility study of the City Harbor, and the ongoing efforts of the Lake Champlain Basin Program, a heritage- and natural resource-based regional planning and development initiative involving public/private partnerships with the states of New York, Vermont and the province of Quebec. The City's decision also reflects the need to manage growth as more and more people seek to enjoy the North Country as well as the need to accommodate steadily increasing boat and other recreational traffic. Through this NYS program, the City seeks to use waterfront revitalization strategies as a means of maximizing its resources.


Harbor Management Plan

A Harbor Management Plan (HMP) is a component of an LWRP that addresses conflict, congestion, and competition for space in the use of a community’s surface waters and underwater land within 1500 feet of the shoreline. Plattsburgh's Harbor Management Plan considers various uses in a portion of the Saranac River and in the nearshore areas of Lake Champlain adjacent to the City’s waterfront. Rather than preparing a standalone document or appendix, the components of the Harbor Management Plan have been integrated into this LWRP document. The Harbor Management Plan boundary includes the area of the major water bodies within the City municipal boundary -- the portion of Lake Champlain and its bays and the portion of the Saranac River within the City of Plattsburgh. Within the city, there are approximately 5 miles of lakeshore and 8.5 miles of shoreline along the Saranac River.

A specific list of the elements required in a Harbor Management Plan, and where they are located in the text, is as follows:


Harbor Management Plan Element

Location

The HMP boundary area

Section I , Map 1: “Waterfront Revitalization Area Boundary Map”

An inventory and analysis of existing uses, features, and conditions in the HMP area

Section II

An identification and analysis of issues of local importance

Section II-B., C., E., F.4., I., J., and K.

An identification of the utilization of public underwater lands and navigable waters

Section II-B

A discussion of water dependent uses

Section II-C.


An identification and analysis of issues of regional importance

Section II-B and Section IV-B.

A discussion of opportunities, long and short-term goals and objectives for the HMP

Section II and Section IV

The identification and discussion of economic, cultural and social considerations regarding underwater lands and navigable waters

Section III: Policies 1, 2, 3, 4, 5, 10, 18, 23,

25, 27, 29

A specification of policies concerning the management of underwater lands and navigable waters

Section III: Policies 1, 2, 3, 4, 7, 8, 9, 10,

12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23,

24, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36,

37, 38, 39, 40, 44

A proposed water use plan

Section IV-B.

Identification of capital projects necessary to implement the HMP

Section IV.

Specification of existing and proposed techniques to implement the HMP

Section V.


Section I. Waterfront Boundary

The City of Plattsburgh's Waterfront Revitalization Area (WRA) includes the Lake Champlain waterfront and that portion of the Saranac River that lies between Lake Champlain and the third vehicular bridge (South Catherine Street), as well as some lands to the north and south of the River. The boundaries encompass the Municipal Beach, Bay Marina, Point Historic District, the City's Central Business District, and the waterfront area of the former Plattsburgh Air Force Base (see Map 1). The Harbor Management Plan boundary extends from the Plattsburgh shoreline to the municipal boundary, as shown in Map 1. There is an area of land – south of Rugar Street, north of the Saranac River, east of I-87, and west of the City boundary – which the City has proposed to annex from the Town of Plattsburgh. If this were to become part of the City, it would also become part of the WRA.

The specific boundaries of the WRA are as follows:

Beginning at the intersection of the City Line and NYS Route 314, then west on NYS Route 314 to its intersection with NYS Route 9 ( N Margaret Street), then southwest along NYS Route 9 to Scomotion Creek, including parcel 193.21-1-1; along Scomotion Creek and westward along the City Line to its corner, and southward along the City Line until it reaches parcel 207.8-1-18.1; then following the parcel boundary to Boynton Avenue; then eastward along Boynton Avenue to its intersection with Sailly Avenue; then south along Sailly Avenue to its intersection with Cumberland Avenue; then west on Cumberland Avenue to its intersection with City Hall Place; then northwest on Miller Street to its intersection with Cornelia Street; then west on Cornelia Street to its intersection with Oak Street; then south on Oak Street to its intersection with Broad Street; then east along Broad Street to its intersection with Pine Street; then following Pine Street along the meanders of the Saranac River to its intersection with South Catherine Street; then following Steltzer Road to the SUNY Plattsburgh campus, following the edge of campus north to Broad Street; then west along Broad Street to Rugar Street; the southwest on Rugar Street to its intersection with Adirondack Lane, then south on Adirondack Lane to the stream crossing; then west along the stream banks to the SUNY Plattsburgh road; then north along the SUNY Plattsburgh road toward Bowman Street, continuing to the western intersection of the SUNY Plattsburgh Road and Rugar Street; then West on Rugar Street to the City Line; the south along the City Line to the southern bank of the Saranac, then following the City Line to its intersection with Route 22; then east on Route 22 to Arizona Avenue; then northwest to the eastern side of the railroad tracks; then following the railroad tracks north to Main Mill Street; then east along Main Mill Street toward the intersection with Hilltop Way; then north to Underwood Avenue; then east along Underwood Avenue to the eastern edge of the River Heights Homes community; then east to connect with Riverside Avenue; then north along Riverside Avenue to North Street and continuing east on North Street to Waterhouse Street; then north on Waterhouse Street to Hartwell Street; then east on Hartwell Street to Route 22; then crossing Route 22 to follow South Platt Street to the east to its intersection with NYS Route 9 (Peru Street/U.S. Avenue); then south along Route 9 to the southern city line, then following the city line east to the waters of Lake Champlain, then northerly following the city’s eastern line to the northernmost boundaries of the Municipal Beach, to the point of beginning. Map 1, "Waterfront Revitalization Area Boundary Map," depicts both the LWRP boundary and the Harbor Management boundary.

The Waterfront Revitalization Area has been divided into five subareas: Subarea 1 or the North End Subarea, Subarea 2 or the Cumberland Avenue/Wilcox Dock Subarea, Subarea 3 or the Dock Street – Durkee Street – Downtown (Marina) Subarea (including a portion of the Saranac River); Subarea 4 or the Old Base Subarea; and Subarea 5 or the Upper Saranac Subarea (see Map 2). If the proposed area of annexation were to become part of the City, it would be incorporated into the Upper Saranac Subarea. This area has been delineated to include as many of the City's assets and potential assets as possible, with the expectation that, through the LWRP and related programs, these assets can be linked together and mutually enhanced.

image

image

Revised Draft: City of Plattsburgh Local Waterfront Revitalization Program


Section II. Inventory & Analysis

This section is designed to provide an informational base for determining applicable State and Local inland coastal policies in Section 3, and designating appropriate land and water uses and necessary projects in Section 4. This section provides brief descriptions of the coastal resources, existing land and water uses and important economic activities of the City of Plattsburgh waterfront area. It is not meant to be a definitive source of information and relies on existing state, local and regional documents. Map 3 shows the Plattsburgh region.


  1. Regional Setting & Community Characteristics


    History

    The City of Plattsburgh is located in Clinton County at the confluence of the Saranac River and Lake Champlain in the Adirondack region of New York State. This region is known locally as the "North Country." The city encompasses an area of approximately

      1. square miles and has a population of 18,816 according to the 2000 Census. Plattsburgh is located approximately 160 miles north of Albany and 65 miles south of Montreal (only 25 miles south of the Canadian border). Located on the western coast of the "Broad Lake" section of Lake Champlain, the City is an easy drive from the Adirondack Mountains and Vermont, making it an ideal destination for tourist travel. Other popular and convenient destinations include Ausable Chasm, New York (20 minutes), Burlington, Vermont (1 hour), Lake Placid, New York (1 hour), Ottawa, Ontario (3.5 hours), and Quebec City, Quebec (3.5 hours).

        The history of Plattsburgh is closely tied to the regional history of eastern New York State as well as the history of the nation. Within the Lake Champlain Basin, remains of paleohumans dating as far back as 8,000 years have been unearthed. In general, the Lake held great significance to native populations and the region has been inhabited for approximately 2,500 years. Algonquin people, later centered in Canada, lived here first; the area was visited frequently by Mohawk Iroquois. The Mohawk dominated the region by the 1600s and vied with the Algonquin for access to French traders. The French were the first Caucasians in the region (Samuel de Champlain in 1609), followed by the British. When the Dutch traders appeared in Mohawk territory from the south, competition with the Algonquin diminished as Dutch replaced French trade goods. The Mohawk controlled the flow of Dutch manufactured wampum and other goods, causing continued struggling to dominate the Lake Champlain and St. Lawrence basins. By 1622, the Mohawk had agreed to a truce with the Algonquin and finalized a peace treaty in 1624. Native populations were subsequently decimated by a smallpox epidemic in 1634; for example, Mohawk populations declined from about 7,700 in 1630 to less than 700 by 1770.

        Following the defeat of the French during the French and Indian wars, the first known settler in the Plattsburgh area was Count Charles de Fredenburg, who first traveled to the region during his service in the British army under Governor Moore and General Carleton. After receiving a grant of 30,000 acres in 1768, Fredenburg built a home at the mouth of the Saranac River (south side) and established a sawmill three miles upriver at the point now called Fredenburg Falls. Fredenburg, a loyalist, removed to Montreal during the Revolutionary War. During 1776, the area figured in the naval battle fought near Valcour Island. In 1784, Zephaniah Platt and 31 others pooled military "Class Rights" in order to purchase the land formerly owned by Fredenburg and known as the Plattsburgh Old Patent. In 1788, the state legsislature created Clinton County. Between 1788 and 1812, Plattsburgh grew quickly and was the sight of the Battle of Plattsburgh, which was fought against the British under the direction of General Macdonough on land and water in 1814.

        image

        Revised Draft: City of Plattsburgh Local Waterfront Revitalization Program


        '


        'c

        I 1 I



        ',

        '

        -1

        '

        I I

        I 1 - J

        , I


        T

        ! -;:

        I -

        '

        I

        r- _).


        I \

        \

        \ l

        =-- F NKLIN

        C0 UN, TY ' LJ

        '- \ 'L--------



        I


        A

        N

        0 1 2 3 4 5 10 15 20 25 30

        image

        image

        image

        image

        " " " '" · of State

        0

        .----f1 0 RKI Department

        SAR/\TOCJ\

        /\SSOCIJ\TES

        Landscape Architects, Archrtects, Engineers, and Planners, P.C. f«:N Yor"I City > Sar toge Si;irings > Syri0e11::ie

        This map is computer generated using data acquired by Saratoga Associates from various sources arid is ir1ter1ded ur1ly fur referer1ce, cu·1ceptual plarmir1g and prese11tatio11 purposes. This rnap is not i11te11ded for and shoJld not be used to establis·1 bwr1daries, property nes, lucatior1 of objects or tu pruviCE any other information typically needed for construcfon or a1y other

        purpose when e1gi1eered plans nr land surveys are required.

        Fik: LocalKln: B:\2014\14029 Plattsburgh\Maps\14029 F1attsburgh_03_Rcgion.mxd

        KEY

        c:::J Water Areas

        Cl City of Plattsburgh

        • Town of Plattsburgh

        CJ Clinton County

        M Expressway

        -,v Primary Highway

        • Montreal

        c-..::::; Canadian Municipalities

        Plattsburgh Regional Setting

        Map 3

        January 2016

        PROJECT# 2014 - 029

        Copyright © 2016 Saratoga Associates. All Rights Reserved.

        City of Plattsburgh

        Miles



        This map was prepared with funding provided by the New Yark State Department of State under Title 11 of the Environmental Protection Fund.

        Following the War of 1812, a lasting peace was established and Plattsburgh continued to grow. In 1815, the state legislature created a village at Plattsburgh, making in geographically and politically separate from the rest of the town. Plattsburgh became the Port of Entry for the district of Champlain and a major collection and distribution point for John Jacob Astor's fur trading business. Plattsburgh's excellent rail and steamboat connections and an extensive street railway system made it a thriving regional center and resort location. This was particularly true after the unspoiled wilderness of the Adirondack Mountains was opened up by the Chateaugay Railroad, with stops at Chazy Lake, Chateaugay Lake, Loon Lake, and Saranac Lake. Although Lake Placid was not on the railroad line, the Chateaugay Railroad could bring visitors conveniently within ten miles of that destination. As a result of its location and excellent transportation facilities, Plattsburgh had a thriving hotel industry; examples include the Hotel Champlain at Bluff Point, Witherill Hotel (Margaret Street and Custom House Square), Fouquet House (Bridge Street opposite D&H Station), Cumberland Hotel (Margaret and Court Streets), American House (River Street) and Commercial Hotel (River Street). The Hotel Champlain was particularly large and well-appointed, featuring a 450-acre park-like setting with shaded walks and benches, tennis courts, golf course, equestrian outings, archery course and day trips by boat or rail.

        In the mid-1800s, Plattsburgh also became a major industrial area, supporting such large manufacturing concerns as Chateaugay Ore & Iron Company, developer of the Chateaugay Railroad which opened up the Adirondacks; Fredenburg Falls Pulp Company which supplied wood pulp to paper mills in Glens Falls, Fort Edward, Sandy Hill, Ballston, and Troy; Baker Brothers Lumber Dealers, specializing in ceilings, shingles, siding, lath, and quarter-sawn oak; Williams Manufacturing which produced sewing machines in Montreal and Plattsburgh; Plattsburgh Shirt Company, branch office of C.F. Crosby & Company of Troy; A.D. Boomhower Creamery/Grocery; S.S. Whittlesey Foundry; Plattsburgh Light, Heat, & Power Company; Allen & Sherman Pulp Mill, supplying wood pulp to paper bag manufacturers in Ballston; Fayette, Mendelsohn, and Company, brewers and cigar makers; Lozier Motors, producer of luxury automobiles; and Mountain Lumber, supplying logs to the pulp mills. Several of these industries, including those related to paper and wood products, still thrive in the City with firms such as Imperial Wallpaper and Georgia Pacific.

        Plattsburgh's history is also closely linked to that of the U.S. Armed Forces. The Plattsburgh Air Force Base (AFB) was America's second oldest military post. As a military installation,3 Plattsburgh was involved with major campaigns, battles and wars, including the War of 1812, the Seminole Wars, the Mexican War, the Civil War, the Spanish-American War, the Philippine Insurrection, World War I, World War II, the Korean War, the Cold War, the Vietnam War, and the Gulf War. The first military structure in Plattsburgh was the State magazine, or arsenal, built in 1809 and designed to store rifles, pistols, artillery pieces, and ammunition.

        Plattsburgh was a staging area for American armies and naval forces in the War of 1812. Land on which forts, blockhouses, and barracks had been built was purchased by the United States and named Plattsburgh Army Post. This was the official beginning of the military establishment. During the Civil War, the post was the gathering point for troops and volunteers from the area. Between 1893 and 1897, major building construction occurred on the post.

        The village of Plattsburgh became a city in 1902. In 1915, the Plattsburgh Post began the concept of the Reserve Officer Training Corps (ROTC). When the United States entered World War II, Plattsburgh's 26th Infantry Regiment began a long campaign through North Africa and Italy. In 1944, the post was transferred to the U.S. Navy and renamed Camp Macdonough. At the end of the war, the U.S. Army regained control of the property. It was used as a convalescent hospital until 1946, when it was acquired by the State of New York for use as Champlain College.

        Plattsburgh AFB was established in December 1953 with the transfer of property from Champlain College to the U.S. Air Force. Construction of a 3,178-acre air base west of U.S. Highway 9 (U.S. 9) started in 1954. This part of the base is referred to as the new base and the original property east of U.S. 9 is referred to as the old base. In 1956, the Strategic Air Command stationed the 380th Bombardment Group at Plattsburgh AFB. The Group consisted of B-47 Strato-Jet bombers and K-97 aerial refuelers. In


        image


        3 Most of the material in this section is adapted from the Environmental Impact Statement Disposal and Reuse of Plattsburgh Air Force Base, New York, pp. 3- 4; and National Register of Historic Places Inventory--Nomination Forms on file at the New York Office of Parks, Recreation and Historic Preservation.

        1960, Atlas Intercontinental Ballistic Missiles were installed in silos in areas surrounding the base. In October 1962, Plattsburgh's missiles were alerted in response to the Cuban Missile Crisis. The missiles were removed in 1965, and the silos were closed.

        In 1966, B-52 Stratofortresses replaced the B-47s. The mission of Plattsburgh AFB remained the same with the addition of the 530th Combat Training Squadron and the 528th and 529th Bomb Squadrons. Tanker crews and aircraft from Plattsburgh AFB supported the mission in Southeast Asia. In 1971, the FB-111 Medium Bomber replaced the B-52 as the bomber at Plattsburgh AFB. In 1991, with the formation of 380th Air Refueling Wing, the mission of the base became refueling. After the Cold War, the KC-135 Stratotanker became the primary operational aircraft of the base and in July 1991, the last of the FB-111s left Plattsburgh AFB. In 1991, Plattsburgh AFB's Stratotankers were involved in the air campaign during Desert Storm. With the June 1992 reorganization of the major Air Force commands, Plattsburgh AFB became part of the Air Mobility Command.

        In 1996, the Plattsburgh Air Base began declassification. Its closure represented a loss of jobs and infrastructure while presenting a challenge for redevelopment efforts. A task force was charged with planning the future uses of the base. The Plattsburgh Air Base Redevelopment Corporation (PARC) implemented a mixed-use community that has become intertwined with the City of Plattsburgh. The redevelopment of the base, which currently has a 98% occupancy rate, was a significant economic and community development accomplishment for Plattsburgh, enabling it to fare better than other military communities.

        Subsequent references to the former Air Base in the LWRP will be as the Old Base site. The current and proposed uses are a mix of residential, recreational, commercial and light industrial.


        Recent Community Development Efforts

        In past decades, several significant construction projects have had a severe impact on the Central Business District and have changed the character of the entire city. The construction of I-87 linked Plattsburgh to the U.S. interstate system, vastly improved its accessibility to the American and Canadian markets as well as the entire regional transportation network, and made it much more attractive to relocating businesses. However, it has also made it easier for potential visitors to bypass the city, has spurred development at the western edge of the city and draws people away from the Central Business District.

        Other projects, including the construction of the Plattsburgh Plaza Shopping Center, Ames Plaza, the Pyramid Malls, North Country Shopping Center and Skyway Shopping Center, have also drawn business away from the downtown and contributed to the development of the city's extremities, spurred by the safety, convenience and tidiness absent in the deteriorating and congested downtown. As is true in most American cities, many buildings were old and had fallen into serious disrepair. Faced with the high cost of renovating their outdated facilities, the lack of adequate parking and public infrastructure, and the fear that potential customers might be passing them by, many business owners opted to relocate to the highway corridor.

        In response to these problems, the City initiated a tradition of long range planning aimed at revitalizing and repositioning the local economy. The City's Master Plan was completed in 1962, with minor updates carried out in 1969. These documents were augmented by the Neighborhood Analysis (1964), Comprehensive Park and Recreation Plan (1971), a study entitled Economic Considerations - Central Business District of Plattsburgh, New York (1973) and the Development Concept Plan (1982). These documents continued to guide and support the implementation of the City's broad-based objectives of providing adequate housing, upgrading public infrastructure and facilities, developing a properly functioning business district, and encouraging industrial expansion and diversification of the local economic base.

        A Comprehensive Plan for the City was completed in 1999, and adopted by the Common Council the same year. This plan laid the groundwork for the City's current revitalization efforts and resulted in an update of the City's zoning ordinance.

        These documents provided a general guide while the City actively pursued federal and state funding assistance to accomplish a variety of community and economic development activities. These efforts were designed to eliminate major problems associated with housing deterioration, public facility deficiencies and general economic decline.

        In recent decades the City has been able to capitalize on a variety of state and federal funding to help address the problems contributing to its economic decline. With $3.3 million in CDBG Hold-Harmless Entitlement funding (1975-1978), the City

        completed major improvements to basic public facilities (streets, water and sewer, flood and drainage, malls and walkways, and recreation) as well as some rehabilitation. From the late 1970s through 1980s, the City was highly successful in securing Small Cities Community Development funds through the Department of Housing and Urban Development. This resource, amounting to

        $1,950,000 (1978, 1979, 1980), directly funded housing rehabilitation and public facility improvements in low to moderate income (low/mod) neighborhoods.

        According to the Economic Development Zone (EDZ) annual reports, the City also made effective use of RESTORE, Rental Rehab, AHC, and CDBG funding to improve housing within the EDZ. The 1989 RESTORE program resulted in the rehab of four low/mod units. Between 1989 and 1993 (reporting formats changed in 1994 and 1995, resulting in slightly different types of information), the Rental Rehab program used approximately $586,160 in federal, state and private funds to rehabilitate 100 structures, 71 of which were low/mod households. During 1986-1992, $1,014,944 in CDBG funds (1986-1992) was expended to rehabilitate 102 structures (107 low/mod households) and construct 24 new units (14 low/mod households). In 1992, the City of Plattsburgh also began a revolving loan fund for commercial building rehabilitation, and has successfully rehabilitated numerous commercial building facades as part of the Facade I & II projects.

        The City of Plattsburgh was successful in receiving HUD Comprehensive Grants in the 1990s, providing over $11 million in federal and state funding. These programs substantially improved the City's quality of housing (both owner-occupied and investor-owned) and sought to address its most critical housing and economic development needs. A 1992 grant focused on the Miller and Margaret Street areas and resulted in the rehabilitation of 85 units of housing, public improvements consisting mainly of street repaving, curb replacement and utility relocation, improvement of handicap accessibility at the YMCA, and the creation of a grant fund to improve accessibility of residences occupied by the disabled.

        Since the late 1980s, the City has undertaken a number of publicly-funded programs to improve waterfront and public park areas. Riverwalk Park, including a picnic area and pedestrian bridge was developed on the south bank of the Saranac River, providing views of the Macdonough Monument and City Hall. In addition, a handicapped-accessible fishing dock was created at the Macdonough Monument, landscaping improvements and walkway paving were completed with substantial volunteer assistance at the Champlain Monument, the City Beach received major improvements and the Heritage Trail was created with EQBA funding. A walking trail, linking the city's various historic landmarks and natural resources was also established. At Wilcox Dock, site improvements were made and an eco-dock was installed. The local chapter of the American Lung Association developed the Healthy Lung Trail, a walking and exercise trail through the Wilcox Dock area. The Saranac River Trail is a recent development which provides a non-motorized, recreational multi-use path along the Saranac River, connecting the waterfront with the downtown business district, educational campuses, and the arts corridor, among other locations. These activities are all part of the City's larger vision of creating a system of walking trails and publicly-accessible areas along Lake Champlain and the Saranac River, which will be addressed as part of the Local Waterfront Revitalization Program.

        The City has made great strides in terms of downtown revitalization, through the successful development of commercial facade improvement programs, infrastructure improvements, traffic pattern realignment, creation of additional parking facilities and aggressive programs to attract people and businesses to the downtown including the successful farmers' market. Most recently, the City of Plattsburgh was awarded funding through the New York State Consolidated Funding Application process. In 2014, the City received two Empire State Development awards to perform Phase II Environmental Analysis of the Durkee Street area and the City Beach/Crete Center. In 2015, it received an award for renovation of the North Country Co-Op, a downtown anchor, and a 2015 award from NYSP which provided funding for the Saranac Bridge.

        The City of Plattsburgh was selected as one of twelve pilot Quality Communities in New York State in 2002. Downtown revitalization is one of the desired outcomes from the Quality Community (QC) pilot project and the QC initiative assists in advancing the downtown revitalization component which provides a vital link to the waterfront revitalization area. The Downtown Partnership, a committee of business and community leaders, meet to advance downtown community revitalization efforts. The primary focus of the QC initiative was the redesign of the Seven Point Hub, a convergence of streets in the center of downtown and with a direct connection to the waterfront, Dock Street Landing, and Clinton Street, one of the downtown streets leading into the "Hub."

        Additional committees, such as the Local Waterfront Revitalization Waterfront Advisory Committee and the Downtown Partnership, were also established under the auspices of the Mayor and the City's Community Development Office.

        Since 2000, the City has issued or commissioned a number of planning and development related reports and studies. In 2001, Plattsburgh Waterfront Horizons was issued, providing an inventory of potential waterfront development projects, including brownfield restoration, development of a maritime museum, an aquarium, and a science and nature interpretive center.

        In 2003, Hyett Palma conducted a study and developed an Economic Enhancement Strategy Report for the Plattsburgh Downtown and Waterfront. It outlined strategies to create Downtown “districts,” improve the pedestrian experience, attract businesses, and improve buildings. Also at this time, a feasibility study was undertaken to study the viability of developing at Waterfront Hotel at Dock Street, including a market analysis, recommendations for improvements, and projection of hotel occupancy. Additionally, a Durkee Street Redevelopment Conceptual Design Report was completed by Freeman, French, Freeman for development in and around the downtown.

        In 2005, a design study, Clinton Street Improvement Project: Concept Design Report proposed a physical design concept and streetscape improvements to improve the appearance and experience of the Clinton Street corridor.

        In 2006, a feasibility study was completed for the development of the Saranac River Trail. Phase I has since been implemented and Phase II of the waterfront trail is expected to begin construction in 2016.

        In 2009, a Streetscape and Design Guidelines Cultural Arts Corridor and Durkee Street Redevelopment Concept Design Report for the Downtown Area was completed by Fred Keil, focusing on the downtown area, but incorporating designs for the Durkee Street farmer’s market area. The guidelines included recommendations for landscaping, parking, vacant lots, building facades, and signage. Also in 2009, Reconnaissance Survey: Walkway Park, a conceptual plan, identified preliminary planning considerations and designs for an arts corridor between the Federal building on Margaret Street and the Farmer’s Market on Durkee Street and included an assessment of existing conditions and recommendations

        In 2010, a Brownfield Opportunity Area Step 1 Report, a Pre-Nomination Study, was completed for the City. The Study included analysis of existing land use and zoning, land ownership, natural resources, brownfield sites, and provided recommendations and strategies for strategic intervention.

        In 2011, the Wastewater Treatment Facility Mitigation Final Feasibility Study for Phase VI of the Waterfront Rediscovery Program was completed. This study sought to understand the implications to redevelopment or alteration of activities at the site to facilitate nearby mixed-use waterfront development. The findings recommended a range of visual and odor mitigation options for the Water Resource Recovery Facility that could improve the potential of the area. In 2018, the City was awarded a $758,000 Empire State Development Grant through the CFA process for upgrades to the Water Resource Recovery Facility, in part to support the future redevelopment of Dock Street. That same year, the City also received a $4.3 million grant under the NYS Water Infrastructure Recovery Act, followed by an additional $3 million from the same fund in 20194. In 2019, planned upgrades to the Facility were estimated at about $17.4 million, which would include both practical updates relating to odor control – relocating the receiving area and disinfection chemical storage building, covering other facility elements – as well as architectural upgrades- exterior improvements and the potential for interpretive elements.5

        The 2013 Adirondack Coast Destination Master Plan – Plattsburgh City Beach, produced by a subcommittee of the Strategic Tourism Planning Committee, outlined a strategic master plan to build support around beach development that would establish the Adirondack Coast as a leisure destination with a regional museum, historic reproductions of ships and other key elements from the region’s history, an enhanced outdoor recreation network, and year-round retail and restaurant activity.


        image


        4 https://www.pressrepublican.com/news/local_news/state-awards-funds-for-water-projects/article_8adcb8ea-1816-550e-b7c2-4c024a2fce2c.html

        5 https://www.pressrepublican.com/news/local_news/public-input-sought-on-citys-water-recovery-facility/article_fe9f352e-6050-5312-8615-aa889793c2b1.html

        In 2014, the City worked with Vision2Action, with a focus on the Lake Champlain and Saranac River waterfronts, to support public involvement in planning and development efforts. In the same year, the City requested a high-level feasibility analysis of the potential development of a whitewater and/or habitat improvement structure to support recreational use of the Saranac River (Saranac River Whitewater Park Pre-Feasibility Visit and Analysis). In any future planning for whitewater recreation, the ongoing Saranac River remediation should be considered (See Section II. B.).Also in 2014, the City assessed recreation programs and facilities in the Town and City of Plattsburgh, identifying key themes of marketing, affordability, bike and walking paths, and accessibility to the waterfront including at City Beach (Recreation Survey Summary).

        Concurrent with 2014 LWRP update process, the city undertook efforts to conduct a Phase I “Plattsburgh City Beach and Crete Center Redevelopment Feasibility Study,” completed in 2016. This study identified strategies to improve recreation at the City Beach site and access to the waterfront, and included site reconnaissance, a design study, and a feasibility analysis for the redevelopment and enhancement of Civic Center and City Beach sites along with implementation considerations. Based on community feedback and initial cost analyses, the preferred concept looked to expand both passive and active recreation opportunities, improve lakefront access, maintain open space in the flood zone, and minimize impacts on sensitive areas. The design removed the existing Crete Center and existing pavements, making way for new park access and landscaping, beach area improvements – a docking pier, a pedestrian plaza, a maritime-themed play area, and a pavilion, as well as new buildings to include bath house and concessions facilities and multipurpose buildings. A multipurpose building is also proposed near Cumberland Head Road. In the center of the site, a larger performance venue and a smaller multipurpose pavilion look onto a large event lawn, while a second lawn area is located closer to the beach, connecting to a waterfront pavilion and pedestrian pier. The western portion of the site design includes nature-oriented improvements, with a new nature center, an expanded boardwalk and trail network, a hand launch at Scomotion Creek, and interpretive nodes throughout. The 2016 study outlined future steps, including a recreation-based market analysis to determine potential uses on site, a detailed financial analysis for operations and marketing, and a finalized design and implementation strategy.

        Also in 2016, the City commissioned the “Durkee Street Real Estate Market Analysis and Financial Feasibility Study,” which assessed the financial feasibility of redeveloping the Durkee Street site consistent with redevelopment scenarios developed by Chazen Companies in their “Durkee Street Reimagined” concepts. The Analysis and Feasibility Study evaluated the local market context and likely gap financing needed to attract private investment (not inclusive of parking replacement costs) to the Durkee Street site.

        Additionally, the Saranac River Trail Greenway Feasibility Study was also completed in 2016. It assessed opportunities to develop the Saranac River Trail Greenway as a connective network of trails spanning Downtown Plattsburgh to the foothills of the Adirondack Mountains and included an existing conditions analysis and action plan for implementation and maintenance. The current and planned trail phases are discussed in Section II.E.

        Plattsburgh Airbase Reuse Corporation

        Since 1993, the City has worked to mitigate the impact of the Plattsburgh Air Force Base closure, which was completed in September 1995 and resulted in the phased relocation of approximately 4,000 military personnel. To mitigate the effects of the base closure on the city and plan for its long-term reuse, the Plattsburgh Intermunicipal Development Council (PIDC) was established in 1993. Made up of representatives from the Town of Plattsburgh, City of Plattsburgh, Clinton County, State Assembly, State Senate, and U.S. House, this council oversaw completion of a base reuse study and draft environmental impact statement, and resulted in the creation of the Plattsburgh Airbase Reuse Corporation (PARC). PARC was structured to become the marketing, development and real estate management arm on behalf of the City, Town and County for base reuse.

        PAFB reuse documents emphasize the importance of developing a balanced multi-sector redevelopment strategy, with parallel development actions in aviation marketing, tourism and resort development, former family housing, base transportation assets, as well as marketing base industrial sites. The former PAFB is organized as a Planned Unit Development district.

        The PARC site (now referred to as the Old Base) has been recreated to become a vibrant, mixed-use community of townhomes, apartments and condominiums. There are four museums, a chapel, commercial enterprises, and not-for-profit agencies located on or near the U.S. Oval, including a City-run community recreation complex.

        Recent development efforts in the Old Base subarea include the following:

    In 2017, the City also applied for and received a grant through the Restore NY Round 5 program to prepare for future development at Dock Street, identifying that development at the Dock Street Waterfront, also now referred to as Harborside, was contingent upon the relocation of the Municipal Lighting Department storage yard. The Restore New York Communities Initiatives Grant provides a financial incentive for municipalities to pursue projects that include demolition, deconstruction, rehabilitation or reconstruction of vacant, abandoned, condemned and surplus properties. Grants can be used for site development needs including water, sewer, and parking.10 In 2018, the City hired economic development consultant Crane Associates, Inc. to conduct a market feasibility study and Highest and Best Use Study for the Dock Street development site. In addition to seeking proposals


    image


    10 https://www.cityofplattsburgh-ny.gov/549/Dock-Street-Waterfront-District

    from interested developers (utilizing the DRI funds noted above), the City also anticipates utilizing additional CFA funds to develop a masterplan for the Harborside area. As a result of the relocation of the Municipal Lighting Department facilities, and utilizing a 2019 grant for $250,000 through the Downtown Grant Program of the DRI, plans are in place for the Plattsburgh Farmers and Crafters Market to relocate to Green Street, occupying a former MLD building, which will allow it to potentially expand and benefit

    from green space and expanded parking.

    image

    Adjoining the southern edge of the Old Base subarea, at the terminus of the Terry Gordon Bike Path, a new park has been under development in the Town of Plattsburgh (At left, conceptual site plan by Elan Landscape Architecture, Inc, dated 9/12/2018). This project – Battlefield Memorial Gateway – may include elements such as performance space, play areas, memorials, boat docking, and ecological and historical interpretive elements. Its pathways are anticipated to connect to the Terry Gordon Bike Path, further enhancing recreational connections into the City and the WRA.

    In 2019, with a grant from the American Battlefield Protection Program, a Document Review and Archaeological Assessment of Selected Areas from the Revolutionary War and War of 1812 was completed for the City to support and develop goals for regional heritage tourism. The grant work included document review for six selected sites in the city of Plattsburgh and the town of Peru in New York: Valcour Island, Crab Island, Plattsburgh Bay, Fort Brown, Fort Moreau, and Fort Scott. In also included a non-invasive archaeological assessment for both Valcour

    Island and Fort Brown. The report states (page 26):

    “The NR nomination form for the Plattsburgh Bay National Historic Landmark describes Fort Brown as, ‘by far the most significant archaeological resource within the landmark,” and, “the one well-preserved site connected with the events of 1814 that survives in any substantial form.” The site of Fort Brown has not been significantly altered since this 1978 nomination form was submitted and accepted, thus the site retains the same level of integrity. A wealth of information can be gathered from investigation of this site including but not limited to data concerning earthworks technology and building techniques from this time period, the material culture of the American and British military, potential evidence of illicit trade networks between British and American military forces during the War of 1812, and spatial analyses of projectiles across the site as a means of ground truthing historical accounts of action.”

    It goes on to say:

    “…the site of Fort Brown will maintain the greatest integrity along the side facing the Saranac River. It should also be noted that there is a high probability for the presence of human remains at Fort Brown indicated by the high number of burials found at both Fort Scott and Fort Moreau when they were deconstructed. It is recommended that this site be interpreted and treated as a grave site.”

    On a regional scale, the City of Plattsburgh has been a part of the 2010 Opportunities for Action report issued by the Lake Champlain Basin Program. The City was also incorporated into the December 2010 Essex and Clinton Counties Waterfront Plan. In 2011, a Clinton County Destination Master Plan was issued (with revised goals issued in 2012, and 2013). This plan featured possible development concepts centered on Crete Center and the City Beach. Finally, Plattsburgh has also part of the 2011 North Country Regional Economic Development Council Strategic Plan and subsequent Progress Reports (2012, 2013, 2014).


    Demographic Analysis

    Over the past several decades, the City of Plattsburgh has experienced a gradual increase in overall population, although this growth has been sporadic. From 1950 to 1980, the City's population increased 15.8%, rising from 17,738 to 21,057. The City grew 12.1% during the 1950s, but experienced a 7.8% population decline in the 1960s. The population grew more than 11% during the 1970s, but growth was a negligible 0.9% between 1980 and 1990, reflecting relative demographic stability. The net population growth can be attributed to the growth of SUNY Plattsburgh and the Plattsburgh Air Force Base, which closed in September, 1995. Household population during that period increased 3.9%. The 2000 Census shows population declined to 18,816, an 11% decrease attributable to the base closure. In 2010, however, the census showed that the City’s population had risen to 19,989.

    In some respects, demographic trends in the City of Plattsburgh have mirrored national statistics. The City's median household size has been decreasing steadily, reflecting the trend toward smaller families and the increasing prevalence of single parent households. The median household size has decreased in 1990 to 2.31 per household, and according to the 2000 Census another 0.91% to 2.10, and to 2.06 in the 2010 Census. Renter households comprise over 61.6% of Plattsburgh's housing, which reflects national trends.

    The predominant housing type is single family homes, with remaining housing pretty much evenly distributed between multiple-unit structures ranging from 2 to 5+ bedrooms. In the past decade, the majority of new housing has been single family attached units, which have been built primarily in the northeastern section of the City adjacent to Lake Champlain on both sides of Margaret Street (NYS Route 9). The Old Base site has brought about the largest increase in available housing units encompassing townhomes, apartments, and condominiums.

    The cost of housing in the City of Plattsburgh has been escalating at a higher rate than household income. Median household income reflected in the 2000 Census was $28,846, indicating an increase of 27.1% since 1990, and continued to rise 30.4% to

    $37,638 in the 2010 American Community Survey.11 The comparative figures for median rent and median housing values show increases of 38.3% and 34% respectively over the 1990-2000 period. From 2000 to 2010, median housing values increased dramatically from $97,400 to $142,000, an increase of 31.4%, while median monthly mortgage payments rose from $974 to

    $1,384 (42.1%) and median monthly rent increased from $459 to $624 (35.9%). Based on this general data, the relative cost of housing ownership in the City has increased at a higher rate than income, presumably placing portions of the City's housing out of reach of some of the population, particularly first time homebuyers.

    The number of low and moderate income families in Plattsburgh has increased since 1990, comprising almost half of the city's population (approximately 47% of families in 2010, versus 40% in 2000 and 36.2% in 1990). However, the statistics for the very low segment of the population, those families at or below 50% of median income, show a disturbing trend. In 1980, less than one in ten of Plattsburgh's families were very low income (9.4%). By 1990 that number had doubled to 20.4%. In 2000, it rose to close to 30%, and in 2010 one third (33%) of Plattsburgh's families earned less than 50% of the City’s median family income.

    The extent of poverty in the City has also increased since 1990. In 1990, 18.4% of the population was determined to be at or below the poverty level. 2000 Census statistics indicated that 23.1% of all City residents were living in poverty. In 2010, this figure declined slightly to 21% of individuals.

    Racial minorities, with significant population gains during recent decades, now make up 10.1% of the City's population, according to the 2010 Census. In 1990, non-whites comprised approximately 5.1% of Plattsburgh's population and in 2000 that figure had risen to 6.6%. Furthermore, the elderly population increased during this decade and now represents 14.3% of the total population. These statistics tend to reflect national trend forecasts (Center for Urban Policy Research) which show the elderly population in the country growing significantly only after the year 2020. A growing elderly population will generally require additional subsidized housing, nursing care and other supportive services.



    image


    11 Many changes were made between the 2000 and 2010 Census. The 2010 Census no longer collected income or housing data. As a result, the American Community Survey provides the best available data for these topics, though it is based on a sample of a given area’s population.

    Plattsburgh is the seat of Clinton County government, with close connections to Canada, and is therefore a natural regional center for banking, law, finance, arts, culture, and entertainment. In general, the City of Plattsburgh experienced a fairly healthy net gain in population during the 1980s, increasing by 18.7%. The majority of employment growth during this period was due to the expansion in total services and transportation industry growth. Fairly strong growth in these areas more than compensated for contractions in manufacturing, communications and utilities, and wholesale trade. Since the 1993 announcement concerning the projected closing of Plattsburgh Air Force Base (completed in September, 1995), the city has lost numerous military and civilian base-related jobs, resulting in a contraction of the local economy. While steps have been taken to minimize associated employment losses through careful phasing, the base closing had a significant psychological impact on the city as businesses and residents became extremely cautious regarding discretionary financial transactions.

    The City's largest employers are the CVPH Medical Center, Georgia Pacific, Bombardier, SUNY Plattsburgh, Mold-Rite Plastics, and several other plastics, wood products, and back office operations firms. The largest employment sectors in the City of Plattsburgh are educational services, health care, and social assistance (33.1%); retail trade (13.6%); manufacturing (10.9%), and arts, entertainment, and recreation and accommodation and food services (10.4%).

    According to the North Country Chamber of Commerce, the three largest employers in Clinton County are Champlain Valley Physicians’ Hospital Medical center, Clinton Correctional Facility, and State University of New York – Plattsburgh.12 The three major employers in Clinton County are Champlain Centers North and South (two shopping malls), Clinton County Correctional Facility, and Champlain Valley Physicians' Hospital Medical Center.13 The largest employment sectors in Clinton County are educational services, health care, and social assistance (27.1%), retail trade (12.7%), manufacturing (12.1%), and public administration (9%).

    Lake Champlain Basin Program Data

    Since Plattsburgh is part of the Lake Champlain Basin (watershed area) and continues to be involved in the Lake Champlain Basin Program14 regional planning effort, it is important to include data from this wider area. According to Lake Champlain Basin Program studies, one of the major components of the Lake Champlain Basin economy is the large influx of seasonal residents. While about 40% of the year-round population resides in shoreland towns, seasonal residents are more evenly distributed throughout the Basin. According to 1990 Census data, there were 38,530 seasonal homes in the Basin, which is 14.6% of all Basin housing units, and approximately 9,120 of the seasonal homes are in Lake Champlain shoreland areas.

    The role of Lake Champlain in the economic well-being of the region is a subject of study by the Lake Champlain Basin Program. The economy of the Lake Champlain Basin was traditionally resource-based. In addition to agriculture, both renewable natural resources (such as timber, tannin, fish, game, ice, maple syrup) and non-renewable resources (such as iron ore, marble, gravel, slate, wollastonite) have played a central role in the region’s economy. While agriculture and other natural resource based activities continue to make significant contributions to local economies, the Basin economy has diversified into such areas as education, health care, tourism services, prisons and manufacturing. According to research done in the 1990s, the largest employment sectors in the Lake Champlain Basin are services (35%), wholesale and retail trade (22.3%), and manufacturing (14.9%). However, it is already known that tourism connected to the Lake is a significant economic factor in the region.


  2. The Saranac River & Lake Champlain


    image


    12 http://www.northcountrychamber.com/Business-Development/Demographics

    13 Draft Environmental Impact Study - Disposal and Reuse of Plattsburgh Air Force Base, New York, pp. 3-5, 6.

    14 This section was condensed and excerpted from "Chapter Six: Economics in the Lake Champlain Basin" in Opportunities for Action: An Evolving Plan for the Future of the Lake Champlain Basin, (Lake Champlain Basin Program, April 2003). The Lake Champlain Basin Program is described under the description of Lake Champlain/Saranac River below.

    Water Resources and Recreation

    The City of Plattsburgh encompasses a section of the Saranac River, as it empties into the western side of Lake Champlain in the widest section of the lake known as “Broad Lake” (LCBP Management District #20).

    The Saranac River begins its 81-mile flow through Franklin, Essex, and Clinton counties near Upper Saranac Lake. Along its route, it encompasses a number of lakes and ponds. As it enters the city, it broadens before dropping over the Imperial Mills Dam and continuing northeast. The Saranac has islands near the SUNY Plattsburgh campus, and includes attractive whitewater portions as it passes through the city and drops in elevation to reach the lake. There has been interest in developing a Whitewater Recreation area along the Saranac, as mentioned in Section II.A. The recent DRI also suggested that kayak access points be considered along the river. Currently, the river is part of the 740-mile Northern Forest Canoe Trail, which begins in Old Forge, NY and ends in Fort Kent, ME.15 While there can be great variation in the water level seasonally, it serves as an attractive fishing spot. The Saranac provides salmon fishing from its mouth to the Imperial Dam. The River is also stocked with brown and rainbow trout,16 while brook trout and steelhead can also be found.17 Within the WRA, there is public fishing access on the eastern bank of the river, adjacent to Peru Street, north of South Platt Street Park. Upstream portions of the Saranac and two of its tributaries serve as water sources for the city (see Section II. F.)

    The Saranac River, as with many rivers, provided a resource for various industries. One such use was a Manufactured Gas Plant, which occupied the current NYSEG-owned site (approximately 11 acres) on the east side of the river at Saranac Street from approximately 1896 to 1960. The gas manufacturing process produced large quantities of waste materials, including coal tar, gas purifier waste, and coal ash, which were disposed of on site and subsequently found in river sediments. The multi-year remediation program to remove contaminated sediments from the Saranac River began in 2010, and still continues.18 It is anticipated that the area from Broad to Bridge Street will be remediated in 2020, the area in front of MacDonough Park and Green Street in 2021, with the remaining area extending to the mouth of the river to follow.

    Lake Champlain is the sixth largest unregulated fresh water lake in the United States and is bounded in the west by the Adirondack Mountains of New York and in the east by the Green Mountains of Vermont. The lake is 120 miles long from its southernmost point in Whitehall, New York to its northernmost point at the Richelieu River in Quebec, and 12 miles in breadth at its widest crossing near Burlington, Vermont. Unlike most water courses, Lake Champlain flows northward, discharging into the Richelieu River in Quebec, which empties into the St. Lawrence River, and hence the Atlantic Ocean. This is a direct navigable connection to the St. Lawrence Seaway, which provides access from the eastern seaboard to the midwestern part of the continent. Furthermore, the lake has 435 square miles of surface, more than 70 islands, 587 miles of shoreline, and a depth reaching 400 feet (mean depth for the lake is 64 feet).19 Lake Champlain is also part of the New York State Barge Canal System, which has been the focus of renewal efforts. Following the canal system, boats can travel up the Hudson River into the Champlain Canal at Waterford, New York, then travel 60 miles through 12 locks to Lake Champlain at Whitehall. The New York State Barge Canal System, which is largely used for pleasure boating, also connects to Buffalo, New York and the Finger Lakes region through Central New York.

    While the City of Plattsburgh itself is no longer part of the NYS Barge Canal System, it received grant funding and loan guarantees under the U.S. Department of Housing & Urban Development's Canal Corridor Initiative of 1997.

    In 1990, the United States Congress passed the Lake Champlain Special Designation Act of 1990, mandating the states of Vermont and New York to develop a pollution prevention, control and restoration plan for Lake Champlain. As a result of this Act,



    image


    15 https://www.northernforestcanoetrail.org/

    16 https://www.dec.ny.gov/docs/fish_marine_pdf/pfrsaranac.pdf

    17 https://www.adirondack.net/business/saranac-river-12464/

    18 http://www.dec.ny.gov/data/der/factsheet/510007cleanup.pdf

    19 Lake Champlain Basin Program Documents.

    the Lake Champlain Basin Program (LCBP) was established. An important part of the Act is to address recreational issues in the Lake Champlain basin. Accordingly, the New York Office of Parks, Recreation and Historic Preservation and the Vermont Department of Forests, Parks and Recreation entered into a cooperative agreement to develop a comprehensive recreation plan for Lake Champlain. Through this joint effort the two states aim to manage Lake Champlain, its shorelines and its tributaries for a diversity of recreational uses while protecting its natural and cultural resources.

    The LCBP studies, including boat counts carried out through aerial photography, user surveys, and public meetings, have provided strong evidence that recreational use of Lake Champlain has increased dramatically in recent years. This has resulted in certain facilities and bays becoming overcrowded by recreationists and boaters, increased competition for access to the lake through public and private facilities, increased user conflicts and the loss of surface water acreage for certain recreational activities due to increases in the number and location of boat mooring and anchorage areas. While lake users include motorboaters, sailboaters, other boaters (canoes, rowboats, paddleboats) and personal watercraft (personal water craft sailboards) users; motorboats and sailboats predominate, representing 62.0% and 25.4% of watercraft on the lake respectively. The boat count found that the vast majority of boats were not actually in use on a weekend day in high summer, that the Vermont side of the lake is much more developed and boater-friendly than the New York side (which needs additional tourist facilities, restaurants, and accommodations), there is a need for sustainable tourism, and there is a general perception that 70-80% of boat traffic is Canadian.

    As identified in past LCBP public meetings, major recreational use issues involving those living on or visiting Lake Champlain include the lack of public access, an increase in the number and types of recreation user conflicts, safety concerns, continuing deterioration of natural, cultural and historic resources, and the lack of coordinated promotion and marketing for low-impact tourism. In addition to a generally insufficient supply, the LCBP studies found that many existing boat launch sites around the Lake

    - both in Vermont and New York - were in a state of disrepair and need to be upgraded and/or expanded. Among other findings, the LCBP studies noted that New York was much less developed, with fewer facilities, than Vermont. Two of the most popular boat anchorages identified were Valcour Island and Point Au Roche, New York (both are State Parks near Plattsburgh).


    Historical Context

    Besides good boating and outstanding sailing, the Plattsburgh area has the potential to draw tourists interested in American history. The Cumberland Bay area of Lake Champlain (historically known as Plattsburgh Bay) has occupied an important place in American history, figuring prominently in both the Revolutionary War and the War of 1812 as the British sought to seize control and exert influence as far south of Canada as possible. Although it had been widely noted that little effort has been made to study, definitively identify or interpret resources of these wars, the Valcour Bay Research Project in partnership with the Lake Champlain Maritime Museum has retrieved artifacts from Valcour Bay bottom and annotated their locations and those of ships sunk in battle. Plattsburgh is located in one of the widest areas of Lake Champlain, and is strategically located between the Adirondack Mountains to the west and the Green Mountains of Vermont, across the lake to the east.

    Valcour Bay, located between Valcour Island and the western shore of Lake Champlain, is four miles south of Plattsburgh. The bay was the site of a naval engagement on October 11, 1776, which marked the beginning of General Sir Guy Carleton's invasion of New York during the Revolutionary War. The campaign, which followed the successful repulsion of the Americans' invasion of Canada in the winter of 1775, was designed to establish British control of the Lake Champlain-Hudson River waterways. Carleton's northern army and Howe's southern army planned to meet in Albany and thereby sever the New England colonies from the middle Atlantic. Although the battle could not be termed a victory for the Americans, it did significantly delay British operations until the next year.

    A second momentous naval battle occurred in Plattsburgh Bay during the War of 1812. The Plattsburgh Bay Historic Landmark consists of three sites: 1) the Bay itself, including Crab Island, where the naval battle and its aftermath took place; 2) the Macdonough Memorial; and 3) the site of Fort Brown near Route 9, which was related to the repulse of the British land advance southward. The three discrete sites commemorate the Battle of Plattsburgh Bay and the related land engagement, which together drove the British from the Champlain Valley near the close of the War of 1812. The simultaneous double victory resulted in the

    immediate retreat of the British army towards Canada. Two other redoubts, Fort Scott and Fort Moreau, were also located in this area, but have long since been built over and are now commemorated only by historic markers or plaques.

    According to the National Register of Historic Places Nomination, the Plattsburgh Bay National Historic Landmark has the potential to yield useful archaeological information relating to the events of the Battle of Plattsburgh Bay in a number of ways. The bay itself may contain underwater archaeological data connected with the battle. Although no ships were sunk during the engagement, there is a strong chance that cannon balls and other debris from the battle may lay on the lake bed. Crab Island may contain archaeological evidence in the form of graves of sailors killed in the battle and the remains of the hospital that was established to tend the wounded. While not part of the City itself, Crab Island and Valcour are part of a larger regional effort to promote historic tourism. By far the most significant archaeological resource within the landmark is Fort Brown, the one well- preserved site connected with the events of 1814 that survives in any substantial form. The structural remains of the defenses and buildings within the redoubt may provide detailed information on the layout and workings of small, specialized fortifications of the early 19th century. Although the exact date of abandonment is not known, occupation of the fort was evidently short-lived. Sealed archaeological deposits should exist on the site and be fairly indicative of its military usage both during and immediately after the Battle of Plattsburgh Bay. Artifacts on the site should be representative of the level of material culture on early American military installations in this area. It has also been suggested that objects of British manufacture may be recovered and that these may throw light on the purported "illicit" trade networks that American and British military personnel participated in at the time of the Battle of Plattsburgh Bay.20

    During the 1990s, a series of interpretive markers were put in place at the picnic area on the south end of the municipal beach along the Heritage Trail. Other recent efforts to capitalize on the Lake Champlain waterfront have included the development of a bike trail around the Lake using existing roads.

    Many of the city's earliest industries were also initially located on the banks of the Saranac River, where they could capitalize on the river's swift flowing waters. Due to its historic and present-day importance to the City, the Upper Saranac River is included as a separate subarea within the waterfront revitalization area. Redevelopment and provision of formalized public access points should be addressed in the long-term.


  3. Existing Land Use & Analysis of Opportunities and Constraints

    The existing land uses in the waterfront area are presented for five distinct subareas, including the North End Subarea, Cumberland Avenue/Wilcox Dock Subarea, Dock Street - Durkee Street - Downtown Subarea, Old Base Subarea, and Upper Saranac River Subarea. Primary attention is given to uses immediately adjacent to the water. Each of these subareas exhibit unique land use patterns which are addressed below. Boundary descriptions and a preliminary analysis of opportunities and constraints affecting future development in the near- and long-term are included for each subarea. Additional information regarding land and water use, and proposed projects can be found in Section 4. Reference should be made to Maps 4A-4F for a graphic display of land use.



    image


    20 See National Register of Historic Places Inventory--Nomination Forms for Plattsburgh Bay (90NR0172) and Valcour Bay on file at the New York State Office of Parks, Recreation and Historic Preservation.


    image

    North End Subarea

    The North End subarea includes that portion of the City along N.Y.S. Route 9 (Margaret Street) between the City Line and Lake Champlain, from the northern city line to the intersection of Boynton and Cumberland Avenues. This subarea contains several different land use patterns (see Map 4B). From the northern city line to Scomotion Creek, the waterfront land is owned by the City of Plattsburgh and used as the Municipal Beach. The Municipal Beach, located immediately south of the Cumberland Bay State Park campground, includes a life-guard patrol, groomed swimming beach over a mile and a quarter long, the Crete Memorial Civic Center (which is used for indoor soccer and as an auditorium with a seating capacity of 3,500-4,000), the Heritage Trail and boardwalk, the Scomotion Creek wetlands, a dog park, a picnic pavilion and interpretive area, snack bar, and an extensive parking area. The Beach facilities also include restrooms, which were damaged in the 2011 flooding and remain in disrepair. A bath house on the western side of the beach is operational, and a portable bathroom is brought in seasonally and located near the lifeguard station.

    The North End subarea is located adjacent to Cumberland Corners, the thoroughfare to the ferry, and the on-ramp to 87. Between Scomotion Creek and the Boynton/Cumberland intersection, industrial, residential and commercial developments are present. There is a motel, a McDonald’s restaurant, various townhome and apartment developments, and offices. Much of the waterfront area between the southern edge of the Municipal Beach and Georgia Pacific is composed of thriving wetlands. Behind the residences along Margaret Street and along the waterfront nearest the intersection of Boynton and Cumberland, the land is occupied by the Georgia Pacific paper mill.

    Residential development consists of recently constructed, upscale condominiums and townhomes in nicely landscaped neighborhoods. Office development is similar. Georgia Pacific's railroad spur and settling basin are also located near the Boynton/Cumberland intersection.

    Opportunities:

  4. Land Ownership


    This section focuses primarily on parcels located directly on the waterfront. Land ownership patterns are shown on Maps 5A-5F.


    North End Subarea

    Approximately one third of the land in this subarea is city-owned, accompanied by smaller streetside and waterfront parcels under private ownership and consisting of motels, condominiums, and commercial development. Major property owners in this subarea include the City of Plattsburgh (municipal beach) and Georgia Pacific, which occupies the remaining third of the land.


    Cumberland Avenue/Wilcox Dock Subarea

    Land ownership in this subarea is primarily private, with Georgia Pacific owning a riverfront parcel in the northern section, New York State Canal Corporation owning the adjacent waterfront parcel (Wilcox Dock), and the remaining lakefront owned privately. The City then owns the waterfront parcel along the mouth of the Saranac River, while private owners fill the landside of the subarea.


    Dock Street – Durkee Street – Downtown Subarea

    Most of the land in this subarea is privately owned; the properties on the eastern bank of the Saranac between Bridge and Broad Streets are generally owned by a single individual. However, much of the remaining waterfront is owned by the City, including the Durkee Street lot, the water resource recovery facility, the Dock Street area (“Harborside”), and large riverfront parcels. Other major parcels are owned by the City, Plattsburgh Boat Basin, Plattsburgh Grocery Inc., and Lakeside Container Corp.

    Old Base Subarea

    The presence of considerable publicly-owned land within the Old Base subarea is a great asset to the City and one that should be protected and thoughtfully developed. The city-owned Alamo building and the Officers’ Club building present great opportunities for development. There are also many opportunities here for increasing and improving public waterfront access without depending on the actions and good will of private property owners.


    Upper Saranac Subarea

    The largest landowner in the Saranac River Subarea is SUNY Plattsburgh, with large parcels along the northern bank of the river. The City of Plattsburgh School District also owns a sizeable parcel on the northern bank. Much of the southern waterfront in the subarea, much of which is residential, is owned privately. There are a number of City-owned waterfront properties in the eastern portion of the Upper Saranac subarea. There is one parcel, the U.S. Army Reserve Center, at the far eastern edge of the subarea that is Federally-owned.

    image

    image

    image

    image

    image

    image

  5. Public Access and Recreation


    Formal public access to the Lake Champlain and Saranac River waterfronts presently exists at the following locations within the city:

  6. Infrastructure


    The City of Plattsburgh is serviced by the full range of utilities and support systems typical to urban areas. This section therefore includes descriptions of various key components, including the water supply, sewage disposal, solid waste disposal, and transportation systems. While most components are City-wide, the Old Base site has some separate facilities.

    Electricity

    It should be noted that a major asset is the municipal electric system, which brings electricity in from the New York State Power Authority, and has capacity for future growth. The majority of the City of Plattsburgh's energy is hydroelectricity that comes from Niagara Falls as part of the Niagara Power Project. The New York Power Authority has allotted Plattsburgh 104.5 of the 2,525 megawatts produced at any given time by the Niagara Power Plant, under a contract that expires in 2025. The city typically uses 85 to 95 megawatts26 and only tends to use up or surpass the limit during the cold winter months. Rates have not changed since 2010; Plattsburgh residents and businesses pay between 2.5 and 4 cents per kilowatt hour, depending on their customer services classification (residential, small commercial, large commercial, or industrial), -- lower than the national average of 15 cents.27


    Water Supply

    The Plattsburgh City Water Department supplies water to the City and Town of Plattsburgh as well as the Old Base site.28 The City of Plattsburgh utilizes three upland gravity surface water sources (Mead Reservoir, West Brook Reservoirs and the Saranac River).29 Water is pumped from city-owned surface reservoirs constructed on West Brook and Mead Brook (tributaries of the Saranac River) located approximately 5 miles west of the city on NYS Route 3, in the Town of Plattsburgh. The reservoirs are fed by runoff and natural springs from a 1,200 acre watershed. West Brook #1 has a storage capacity of 109 MG, West Brook #2 has a storage capacity of 20 MG, and Mead Brook has a storage capacity of 400 MG. Water can also be withdrawn from the Saranac River located on Kent Falls Road in Cadyville and piped into the West Brook Reservoir.15

    A water filtration plant is located approximately two miles west of the city in the Town of Plattsburgh. At the plant, which has a capacity of 9 million gallons per day,30 the water undergoes chlorination, sedimentation, filtration, and fluoridation treatments and is stored in a new ground storage tank. Treatment consists of filtration using anthracite filter media followed by chlorination for disinfection and the addition of fluorine to the treated water. The treated water is then stored for distribution to 26,046 individuals (19,989 population in 2000 census plus 6,057 SUNY enrollment) through 5,357 water meters.16 The City’s water distribution system is comprised of 126 miles of pipeline which include transmission mains, distribution mains, and service lines, dating from 1867 to the present. Also included is the maintenance of 527 fire hydrants and 5443 water meters.31 The total amount of water delivered to customers was recorded at 610,628,000 gallons. This leaves an unaccounted total 104,155,000 gallons, likely due to the water used to flush hydrants, backwash filters, firefighting, and leakage (water main breaks). The daily average of water


    image


    26 http://pressrepublican.com/news/local_news/city-of-plattsburgh-electricity-mostly-hydropower/article_6b2af2d7-8d62-515b-8bb1-33874af7aafb.html

    27 Chapman, Cara. "City of Plattsburgh Electricity Mostly Hydropower." Local News: City of Plattsburgh Electricity Mostly Hydropower. Press-Republican, 1 Dec. 2015. http://www.pressrepublican.com/news/local_news/city-of-plattsburgh-electricity-mostly-hydropower/article_6b2af2d7-8d62-515b-8bb1-

    33874af7aafb.html. 14 Dec. 2015.

    28 Information on the City of Plattsburgh water supply system was taken primarily from the EDZ Program Final Application (February 26, 1988), p. 2-23; the Draft Environmental Statement - Disposal and Reuse of Plattsburgh Air Force Base, New York, pp. 3-40 and 3-87. Additional sources include the Comprehensive Water Supply Study, Clinton County, NY, June 1970; Mead Dam Phase II Stability Study, 1984; and Mead Reservoir Safe Yield Study, 1985.

    29 City of Plattsburgh Water System. Annual Drinking Water Quality Report for 2014. 29 Apr 2015. http://www.cityofplattsburgh- ny.gov/publicfiles/files/Plattsburgh%20City%202014%20AWQR_Final%204-29-15(1).pdf. 14 Dec 2015.

    30 City of Plattsburgh. Water Filtration Plant. nd. http://www.cityofplattsburgh-ny.gov/Departments/WaterFiltrationPlant. 14 Dec 2015.

    31 "Public Works." Department of Public Works. City of Plattsburgh, n.d. http://www.cityofplattsburgh-ny.gov/Departments/PublicWorks. 14 Dec. 2015.

    treated and sent into the distribution system in 2014 was 1,985,000 gallons per day.15 In comparison, the total water supplied to the city was 4.5 MGD in 1991, 6.0 MGD in 1992, and 4.0 MGD in 1993. With the departure of the Plattsburgh Air Force Base, the closure of the Imperial Paper Company Mill, and major users using less water, this amount of water supplied to the city has decreased significantly. The water supply is sufficient for considerable future growth.


    Sewage Disposal System


    The City of Plattsburgh Department of Water and Sewage provides wastewater treatment to the City of Plattsburgh, portions of the Town, the Old Base site and the paper mills.32 Wastewater is treated at the Water Resource Recovery Facility which was constructed in 1973 and is located at the mouth of the Saranac River near Lake Champlain. Treated water is discharged into the Saranac River and flows into the Cumberland Bay portion of Lake Champlain.

    The original design capacity of the waste treatment plant is 16.0 MGD, but with the departure of the Plattsburgh Air Force Base, the closure of the Imperial Paper Company Mill, and major users using less water and reducing the amount of solids entering the waste stream, the plant now averages a flow of only around 4 MGD, with less solid waste.33 The demands are low enough that only half of the plant needs to be utilized to provide clean effluent and meet DEC and EPA’s requirements.

    The City’s sanitary sewer system is composed of 58 miles of pipeline, including 1648 sanitary manholes. The age of sewer mains ranges from 1894 to present. The pipe system includes 11 combined sewer overflow points (cso). The citywide storm sewer collection system is made up of 36 miles of pipeline, including 525 manholes and 2087 catch basins.17

    In addition, the City issued a wastewater discharge permit to the Old Base site to discharge industrial wastewater to the City sewer system. Wastewater leaves the base at four submains: two along U.S. 9, one at U.S. 9 and New York Road, and one northeast of the former Officer's Club. Three sewer outfalls service the northern Capehart housing and U.S. Oval housing, as well as administrative and industrial buildings at the former Plattsburgh Barracks. The sewer outfall at U.S. 9 and New York Road connects to the 21-inch main sewer line that runs along New York Road and serves the Old Base and the southern Capehart housing on Plattsburgh Barracks.

    The Old Base is serviced by a 21-inch diameter line which is predominantly transite with a cast iron connection. Interconnected 10-inch and 8-inch lines service the base housing, community, and industrial areas. These pipelines are exclusively transite on the main base and predominantly transite, with some cast iron, on Plattsburgh Barracks. The Old Base is served by an 8-inch transite force main. No sanitary sewer system exists west of the flightline and apron area. The scattered facilities in this area are serviced by septic sewer systems. Three sanitary septic systems (golf course clubhouse, munitions storage area, and small arms range discharge via absorption fields. Some of the systems service a number of facilities and are interconnected by a combination of vitrified clay and transite pipelines. The City now has ownership of the sewer and water infrastructure and has updated these services.


    Solid Waste Disposal


    image


    32 Sources for this section included the EDZ Program Final Application (February 26, 1988), 2-25, 26, and the Draft Environmental Impact Statement -Disposal and Reuse of Plattsburgh Air Force Base, New York. For additional information, consult: Comprehensive Sewage Study, Plattsburgh and Environs (R.N. Laberge Engineers, 1967); City of Plattsburgh Water Pollution Control Plant, Sewage System Improvements (O'Brien and Gere, 1967); City of Plattsburgh Wastewater Facilities Study (Metcalf & Eddy Engineers, 1981); City of Plattsburgh, Industrial Pre-Treatment Program Application to NYSDEC (Metcalf & Eddy Engineers, 1983); and City of Plattsburgh Water Pollution Control Plant Operations Evaluation (Eder Associates Engineers, 1985).

    33 Gushlaw, Kris. City of Plattsburgh Water Pollution Control Plant. City of Plattsburgh. 18 June 2015. http://www.cityofplattsburgh.com/publicfiles/files/Water%20Pollution.pdf. 14 Dec 2015.

    Solid waste is collected by the City of Plattsburgh Department of Sanitation and a private contractor, and disposed of at the Clinton County Landfill, which is located in the Town of Morrisonville (west of the City of Plattsburgh). The City provides refuse service – both garbage and recycling – to 2200 customers, which includes weekly and bi-weekly collections.34 The Clinton County Sanitary Landfill covers almost 70 acres and receives approximately 175,000 metric tons of waste each year. To reduce the greenhouse gas pollution from this waste, New England Waste Services of New York (NEWS), the landfill operators, voluntarily built a landfill methane gas collection and destruction system. In 2008, NEWS constructed a 4.8 MW landfill gas-to-energy power plant that combusts all of the gas in reciprocating engines to generate power for the local community.35


    Transportation Systems

    The City of Plattsburgh is served by an extensive transportation network that includes local, county and state roads, as well as rail, air, bus and ferry transportation. The New York State Northway (I-87) links Plattsburgh to Canada, Albany and New York City. Other major highways include NY Routes 3, 9 and 22. Route 3 (Cornelia Street) is a highly developed, east-west thoroughfare connecting downtown Plattsburgh with SUNY, I-87 and the shopping malls known as Champlain Centre North and Champlain Centre South as well as the Clinton County Airport. Route 9 (Margaret Street) , the predecessor of I-87, links Plattsburgh to Ingraham, Chazy and Rouse's Point to the north and Laphams Mills and Ausable Chasm to the south. Route 22 (Catherine Street) runs north-south from I-87 (Exit 38) connecting the city to Beekmantown and West Chazy to the north and Peru to the south. The city is divided in half by the meandering Saranac River. City streets allowing access to Lake Champlain include Nevada Oval, Ohio Avenue, Virginia Road, Jay Street and Cumberland Avenue. The City’s roadway system is made up of 60 miles of streets and 65 miles of sidewalk including 4,000 street signs which are maintained.18

    Plattsburgh is served by the Delaware & Hudson Railroad, which provides both passenger and freight service. Passenger service is provided via Amtrak's Adirondack Train, which runs between New York City and Montreal on a twice daily basis, with stops at major towns; connections to other U.S. and Canadian destinations are made in New York City and Montreal. The AMTRAK station is located at the old D & H station at Bridge and Dock Streets, at the edge of the Point Historic District between the city's central business district and the waterfront. The location of the tracks in this area can present a challenge to easy, safe pedestrian access between downtown and the lakefront. Annual station ridership in 2015 was reported at 13,989 passengers.36 Freight service is provided by D & H as well as Canadian Pacific Railway, and is extensively used by Plattsburgh manufacturers. In 2002, New York State authorized $2.75 million in funding to help relocate the Plattsburgh Rail Yard from the D&H yard in front of the station to the former Plattsburgh Air Force Base. The D&H tracks separate much of the base from Lake Champlain.

    Plattsburgh residents use the air transportation services (charter flights, commercial airlines, package-and-freight delivery) of county-owned Plattsburgh International Airport, now located at the former airbase, which has much more extensive facilities and capacities; Burlington International Airport in Vermont; and Dorval Airport in Quebec, all of which are fully certified and licensed by the FAA. Facilities at Plattsburgh International Airport include a terminal building and a 11,750’ runway. Airport operations include service to various cities in Florida and Myrtle Beach, South Carolina with Allegiant Air and Spirit Airlines, a monthly charter service to Atlantic City, New Jersey though Caesars Entertainment, and service to Boston with PenAir. Burlington International Airport in Vermont maintains a 7,800 foot runway and adequate air traffic communication to be designated as a Class C airport to navigation. Operations at Burlington International include FAA tower, FAA FSS, Pratt & Whitney, Daystar Avionics, Aviatron, Innotech Aviation, Valley Air Services, U.S. Customs, and a passenger terminal complex. The airport also accommodates the Army and Air National Guard units. Scheduled flights are available on international, regional and commuter carriers (Delta, American Airlines, United, JetBlue, Allegiant Air, US Airways, and Porter). The airport at Dorval, Quebec, serving the entire Montreal metropolitan area, also serves many residents of Clinton County.


    image


    34 Carbon Projects: Clinton County Landfill." Clinton County Landfill. 2015. Web. 14 Dec. 2015.


    36 “Plattsburgh, NY.” Great American Stations. Amtrak, 2013-2015. http://www.greatamericanstations.com/Stations/PLB. 14 Dec 2015.

    In addition, Greyhound Bus Lines offers extensive and frequent bus service in Clinton County. Round trips are made daily between New York City and Montreal, including stops in Plattsburgh and Syracuse. The Clinton County Public Transportation provides public transportation to all areas of the county and to areas within the City of Plattsburgh.

    The Lake Champlain Transportation Company operates a 24-hour ferry service between Cumberland Head (north of Plattsburgh) and Grand Isle, Vermont. Trips are made year-round every 20 minutes during the day. The same company provides seasonal service from Port Kent, NY to Burlington, VT and from Essex, NY to Charlotte, VT. The ferries are extensively used by commuters and carry passenger cars as well as trucks moving bulk cargo and petroleum products across Lake Champlain. Navigation on Lake Champlain is mostly recreational.

  7. Historic Resources


    The City of Plattsburgh is extremely rich in historic and cultural resources, including four National Register Historic Districts, two of which are within the Waterfront Revitalization Area, and numerous individually listed properties (see Maps 6A-D). These resources bear witness to the City's military and civilian past and collectively represent a great asset. The City has sought to link these resources by establishing a Heritage Trail adjacent to Lake Champlain which connects major landmarks, multiple museums, and points of interest such as the Farmer's Market, City Hall, Macdonough Monument, Library, Smith Weed House, Walk Bridge, Saranac River Promontory, Plattsburgh Harbor, Kent Delord House, Riverwalk, Champlain Park and Monument, Site of First Block House, Wilcox Dock, Lozier Auto Works Site, First Air Strip, Site of British Battery, Scomotion Creek, Karen Fleury Bike Path, Heritage Trail Pavilion, Native American Site, War of 1812 Veteran Grave Site, City Beach, State Campground and Crete Civic Center. The well-known architects John Russell Pope, Marcus F. Cummings, Albert W. Fuller, and William E. Haugaard are all represented by buildings in Plattsburgh.

    Many of these sites, along with two National Register Historic Districts, are within the LWRP Waterfront Revitalization Area boundary, though few have been formally interpreted. They, and the city's numerous other cultural resources, represent key assets to waterfront revitalization. As a result, every effort has been made to establish a full listing based on existing inventories and reports. The City's Downtown Future Planning Commission also noted and emphasized the importance of capitalizing on the city's historic and cultural resources. It is, therefore, anticipated that these resources will be an important part of any local waterfront revitalization program.


    Historic Districts

    The Point Historic District: This district, located within the LWRP waterfront revitalization area, is adjacent to the PAFB U.S. Oval Historic District, includes some of Plattsburgh's earliest buildings, and is roughly bounded by Jay, Hamilton, Peru and Bridge streets. The district includes 38 residential buildings built predominantly between 1815 and 1880 by the City's lumber and shipping magnates. As noted on National Register forms, this area figured prominently in the battle of Plattsburgh during the War of 1812. The house at 3 Peru Street served as the headquarters of General Alexander Macomb. A British cannonball remains lodged in the south wall of the house. This house, and the adjacent houses at 7 Peru Street and 17 Macomb Streets, form the earliest concentrated grouping of structures extant in Plattsburgh and reflect the Federal period design characteristics of the region.

    United States Oval Historic District: (Located within the LWRP waterfront revitalization area). A 53-acre district with 26 late 19th- and early 20th-century Queen Anne and Colonial Revival barracks, officers' quarters, and associated buildings surrounding large parade ground; built 1893-1934 as a component of Plattsburgh Barracks, United States Army Reservation.

    Historic Structures

    The Historic Resources depicted in Maps 6A-D are described in the table below.37


    Historic Resources within the Waterfront Revitalization Area

    #

    Resource Name

    Address

    Description

    1

    War of 1812 Graves

    Near Municipal Beach

    Monument in memory of 13 unknown American soldiers who died of cholera in

    1812

    2

    Site of Native American Village

    Near Municipal Beach - Heritage Trail

    It is likely that Native Americans lived along Lake Champlain, as stone and clay pottery artifacts have been found nearby.

    3

    Plattsburgh Bay/Cumberland Bay

    North End

    National Historic Landmark. Three sites related to naval and land engagement of September 11, 1814, between American forces under command of General Alexander Macomb and Lieutenant Thomas Macdonough, and British Forces, under command of General George Prevost, which drove the British from Champlain Valley near end of War of 1812. Sites include Plattsburgh Bay, Fort Brown Site (individually listed), and Macdonough

    Monument (1926, John Russell Pope)

    4

    Wilcox Dock

    Wilcox Dock

    Built by Willard Wilcox in 1897; used by NYS for canal purposes in 1914; now a

    recreational site.

    5

    W. G. Wilcox House

    51 Lorraine Street

    Large Eastlake frame multiple dwelling built

    c. 1888 by owner of local coal and wood

    business.

    6

    Smith Weed Bridge

    City Hall Place at Cumberland Ave

    Built for easy road access to "the Point." Original bridge removed in 1974 to allow rail cars to pass; existing bridge completed

    1978.

    7

    Smith Weed House

    1 Cumberland Ave

    Built 1860 by a lumber merchant. Later owner Smith Weed was a state politician and wealthy businessman.

    8

    Sailly House

    3 Cumberland Ave

    Built 1795 by Peter Sailly, a Plattsburgh pioneer and the first customs agent.

    9

    Booth House

    7 Cumberland Ave

    Colonial Revival home built 1985 by elected Surrogate Judge John H. Booth.


    image


    37 The resource listing provided has been synthesized from the sites listed in the “Discover Historic Plattsburgh Walking Tour” as well those contained in the “Guide to the Lake City. Lake Champlain Walkways: An Interpretive Guide.”


    10

    Davidson House

    9 Cumberland Ave

    Built in 1800 and occupied by Dr. Oliver Davidson and his two famous poetess daughters, Lucretia and Margaret.

    11

    Kent Delord House Museum

    17 Cumberland Ave

    Now home to the museum, this Federal period frame residence was built by Nathan Averill in 1797 for William Bailey, an early settler. It was later owned by the wife of James Kent, Justice of the Supreme Court of New York, and Henry Delord, a leading

    citizen of Plattsburgh.

    12

    Champlain Monument

    RiverWalk Park

    A gift from France in 1909, celebrating the 300 year anniversary of Samuel de Champlain's discovery of Lake Champlain.

    13

    House at 56 Cornelia St

    56 Cornelia Street

    Greek Revival residence built circa 1850.

    14

    Paul Marshall House

    24-26 Cornelia Street

    Federal stone and brick residence built circa 1828.

    15

    Charles Dunham House

    48 Court Street

    Built circa 1805, Pamela Dunham, wife of original owner Charles Dunham, conducted a private school here before the War of 1812. The basement was used by the British as a hospital in 1814.

    16

    Old Court House

    Margaret Street and Court Street

    Designed by Marcus F. Cummings and built in 1889, this Monumental Richardson Romanesque brick and stone complex includes a square central tower, a heavy arched doorway and rusticated stonework in various colors. The adjacent Italianate brick Chamber of Commerce was built in 1885.

    17

    Trinity Episcopal Church

    18 Trinity Place

    Erected in 1830 and 1831, this is Plattsburgh's oldest public building and exemplifies the early period of American Gothic Revival architecture. The parish installed the stained glass windows in 1866.

    18

    City Hall

    41 City Hall Place

    City Hall was built in 1917 in the Classical design of John Russell Pope, who also designed the Jefferson Memorial in Washington, DC. It is a two-story Neoclassical limestone-clad building with

    pedimented portico and copper-clad dome.


    19

    Macdonough Monument

    42 City Hall Place

    A memorial to the American naval victory at Plattsburgh in 1814, the monument, built of the same Indiana Limestone present in City Hall, rises 135 feet above the park and is topped with a bronze eagle.

    20

    Railroad Bridge at RiverWalk

    RiverWalk Park

    The first train crossed here in 1856.

    21

    Pedestrian Bridge at RiverWalk

    RiverWalk Park

    Built in the late 1930s, this bridge now leads to a picnic area, fishing access, and paths.

    22

    Small Boat Launch at RiverWalk Park (Peace Point)

    Green Street, RiverWalk Park

    Originally a popular salmon-fishing spot, this is still a favorite place for spring fishing, as Lake Champlain has over 56 species of fish.

    23

    First Baptist Church

    38 Oak Street

    Organized in 1878, the original structure was built in 1881, but burned in 1931. This structure was dedicated in 1932.

    24

    First Presbyterian Church

    34 Brinkerhoff Street

    The oldest church organization in Clinton County (1790), the original structure was completed in 1816, after being used as barracks during the Battle of Plattsburgh in 1814. It burned in 1867 and was rebuilt as a Monumental Victorian Gothic limestone church, 1868-1873, designed by Frederick

    W. Brown.

    25

    Downtown Margaret Street

    50-86 Margaret Street

    This neighborhood is experiencing a resurgence of energy due to an artistic renaissance in the city. There were substantial fires in 1848 and 1867, so most buildings in the area were built after 1867.

    26

    Site of Charles de Fredenburgh House

    Bridge Street at Green Street

    Site of the first settlement in Plattsburgh, prior to 1769, a dwelling was erected on the south bank of the river, as well as a sawmill at the rapids known as Fredenburgh Falls.

    27

    Site of Israel Green's Tavern

    Bridge Street at Green Street

    John Clark built a tavern on the site of the old Fredenburgh house, later owned by

    Israel Green.

    28

    Dock Street Landing

    Lower Dock Street

    Formerly the D&H Rail Yard for over 100 years, the site is now a public park with waterfront access and trails.

    29

    Strand Center Theater - NCCCA

    25 Brinkerhoff Street

    The NCCCA building (1859) first served as a Post Office, then Customs House, and later a US Courthouse. It now houses a gallery. The Strand served as the premier theater of

    Plattsburgh.

    30

    Federal Building

    23 Brinkerhoff Street

    This was originally built to serve as the US Post Office, which moved to Miller Street.


    31

    St John's Roman Catholic Church

    18 Broad Street

    Organized in 1827, the first church site was where City Hall is located. In 1842, it was dedicated as the "Irish Church." The current structure was built between 1868 and 1873, a Gothic revival stone church with multi- spired tower and buttresses; designed by Victor Borgeau of Montreal. The adjacent rectory with French-Canadian "Quebecquois" decorative elements was

    built 1909-10.

    32

    Benjamin Mooers House

    100 Bridge Street

    A lieutenant in the Revolution, sheriff, assemblyman, and senator, Mooers was a Major General of Colunteers in the War of 1812. He purchased the house in 1814 and lived here until his death in 1838. The home served as General Macomb's headquarters during the Battle of Plattsburgh.

    33

    D&H Railroad Station

    Lower Bridge Street

    Queen Anne/eclectic brick railroad passenger station with elaborate decoration; designed by Albert W. Fuller; built 1886 by David Van Schaick. Also, includes repair shop and switching building

    built 1893 by James Ackroyd.

    34

    George Barber House

    11 Macomb Street

    Built by George Barber circa 1875, partner with his brother in R.O. Barber & Sons Dry Goods and Carpeting, located at 48 Margaret Street. Their father lived at 28

    Macomb Street.

    35

    William Morgan House

    17 Macomb Street

    Owned by merchant William Morgan in 1869, this circa 1820 house, with its linked chimneys, is the only surviving Federal Style structure in this area, and one of the few in

    the city.

    36

    Foquet House

    130 Bridge Street

    The original Fouquet Stage House which occupied this property burned in 1864. Fouquet & Son rebuilt this structure with luxurious gardens the following year.

    37

    Moss Kent Platt House

    18 Macomb Street

    This house was built circa 1865 by Moss Kent Platt, a merchant and iron manufacturer, State Senator, and descendant of Judge Zephaniah Platt, the

    city's namesake.

    38

    Franklin Palmer House

    27 Macomb Street

    Built circa 1880 by Colonel Franklin Palmer, co-owner of Palmer & Company, a flour, grain, and feed store and mill on Bridge

    Street.


    39

    Lowell or Bowen House

    22 Macomb House

    This house was built circa 1815 in the French Second Empire Style by Samuel Lowell. In 1886, Shepard Bowen rebuilt the house as it

    is today.

    40

    Ned Baker House

    26 Macomb Street

    The best representation of Stick Style architecture in the area, this home was built circa 1885 by Ned Baker, a co-owner of Baker Brothers lumber business on lower

    Bridge Street.

    41

    St. John Skinner House

    28 Macomb Street

    An example of late Greek Revival influence on rural, upstate NY architecture, built circa 1832 by St. John B. L. Skinner, a member of Aiken's Volunteers during the Battle of Plattsburgh, lawyer, surrogate judge, county clerk, and assistant postmaster general under Presidents Lincoln and Grant.

    42

    Herbert Barber House

    30 Macomb Street

    This house, first owned by Herbert Barber, brother of George (11 Macomb Street), was built circa 1885 in a vernacular style with Gothic Revival elements added at a later

    date.

    43

    Site of Zephaniah Platt House

    Hamilton Street

    Zephaniah Platt, founder of Plattsburgh, built his home at this site in 1799.

    44

    Early Outposts - Forts Brown, Moreau, & Scott

    US Oval - North End

    Fort Brown, Fort Moreau, and Fort Scott, built during the War of 1812, once occupied the grounds surrounding the Plattsburgh Memorial Chapel.

    45

    Plattsburgh Memorial Chapel

    US Oval - North End

    Dedicated in 1933, the Chapel was erected in memory of those station at Plattsburgh who gave their lives in World War I.

    46

    US Oval Historic District - Historic Barracks

    US Oval

    The former Plattsburgh Barracks was in active use from 1815-1995, and its historic structures and picturesque grounds are now open to the public. Of the quadrangle of barracks started in 1838, only the south barracks still remain. The brick barracks and officers' quarters surrounding the oval were constructed during an expansion in the 1890s. The regimental headquarters facing the parade ground was built in 1893, and the Colonial Revival style two-family homes lining the west side of the Oval were built between 1893 and 1897.


    47

    Clinton County Historical Museum

    98 Ohio Avenue

    The museum's exhibits interpret the area's history from the earliest recorded times (1600) to the present though paintings, maps, furniture, decorative arts, and

    rotating exhibits.

    48

    Champlain Valley Transportation Museum

    12 Museum Way

    Originally established as a museum featuring Plattsburgh's Lozier Automobile Company, the Museum has grown to interpret all forms of transportation.

    49

    Battle of Platts. Assoc. - War of 1812 Museum

    13 Washington Road

    The Battle of Plattsburgh Association operates the Interpretive Center and Museum, dedicated to collecting, preserving, and maintaining artifacts and publicizing the significance of the Battle in

    our nation's history.

    50

    Old Post Cemetery

    Corner Lake Forest Drive and NY-9

    Archeologists uncovered the remains of 136 unknown soldiers while excavating on and around the Barracks and reburied them here. The cemetery has a monument to the unknown dead of the War of 1812, and is also the resting place of 163 unknown soldiers and 105 children or wives of

    soldiers.



  8. Topography & Geology

    The City of Plattsburgh is located on a relatively flat plain which extends from Lake Champlain to the foothills of the Adirondack Mountains (See Map 7). The terrain slopes gently toward the lake and is quite swampy in the northern end of the city. At the southern end of the city, the terrain is very steep with sheer bluffs plunging to the Lake. Glacial till and clay soils, underlain by sedimentary rocks, predominate in Clinton County; heavy clay soil prevails within the city proper. The Plattsburgh LWRP study area has a varied topography including both lakeshore and riverbank slopes. The Plattsburgh LWRP boundary includes the Saranac River corridor in the north central area and the Dead (Scomotion) Creek outlet in the north area.

    A broad plain exists along the central meander of the Saranac River called "the Flats." In this area, the riverbank is a wide and very gently sloping floodplain that eventually slopes steeply up to the city's upland elevation. The defining contour for the upland area is at about 120' AMSL. High points in the city occur outside of the Plattsburgh LWRP area in the north and west parts of the City at about 270' AMSL. The north side of the river mouth is a steep embankment and plateau. In contrast, low lying shore exists south of the point where the Saranac River empties into Lake Champlain. This striking land feature is separated from the upland plateau by a distinct slope and is called "the Point."

    Scoured during the latest period of glaciation several thousand years ago, the Lake Champlain shoreline varies from a steep escarpment in the south portion of the LWRP study area to a gently sloping beach in the north portion of the LWRP study area. Besides the frequently-flooded beach area and narrow band of wetlands that define the north and west shoreline of Cumberland Bay, there are two other low lying areas. These are projections of land contiguous with and terminating the low north shore of Cumberland Bay. The spits of land are called the "Wilcox Dock" area. In general, all lake, river, and creek shorelines include a steep embankment ranging from approximately 10% to 45% slopes. The maximum total change of elevation is approximately 40

    vertical feet in some notable lakeshore areas south of Jay Street. This steep escarpment is oriented to offer dramatic southeasterly and easterly views. It is unstable, subject to erosion, and buffeted by unrelenting strong winds.

    The soil types vary throughout the study area from sandy north shore, urban land and Udorthents fill in the central shore and along most of the Saranac River, alluvial deposits in the Saranac flood plain, and gravelly excessively well-drained soil with boulders in the south. Correspondingly, the shoreline character based on those soils varies from north to south. This character includes variations from north to south: natural dunes and wetlands; to disturbed beach, to hardened, stabilized, and filled edges; to unstable, landslide-collapsed escarpment.

    There is one offshore feature, a rip-rap breakwater with navigation lights at each end. The breakwater is located about fifteen hundred feet from land and oriented southeast, and intended to protect the marina at "the Point". However, it is easily breached during high water seasons and annual storms.


  9. Water Quality

    The Saranac River is classified C(T) by the New York State Department of Environmental Conservation. The water quality "C" classification means that this water is suitable for fishing and fish propagation. The "T" suffix indicates that the river supports trout.

    Lake Champlain in the study area has a B classification from the New York State Department of Environmental Conservation. “Class B” waters are suitable for primary and secondary contact recreation and fishing, as well as for fish, shellfish and wildlife propagation and survival. A water quality rating of C has been established for Dead (Scomotion) Creek. Dead Creek flows through a large wetland habitat just north of the City boundary. This wetland helps to slow movement of sediment and water-borne nutrients from rural runoff, acting as a natural filter that helps to mitigate negative impacts on Lake Champlain water quality.

    The City Sewage Treatment Plant (Water Pollution Control Plant) is located in the study area on the south shore at the juncture of the Saranac River with Lake Champlain. The industrial uses located on the Saranac River do not appear to significantly impact the water quality downstream. One other major point source for treated discharge is the Georgia Pacific Paper Company located on the west side of Cumberland Bay north of Wilcox Dock in the Cumberland Avenue-Wilcox Dock subarea. Pollution from the paper mills is handled by the Water Pollution Control Plant. Treated effluent is discharged directly into Lake Champlain and dissipated by current from the Saranac River.

    The primary impacts on water quality may be assumed to result from stormwater runoff. This takes the form of non-point source urban runoff and rural runoff from upstream locations. In some years this has impacted water quality at the City Beach. In general, water quality for the Saranac River and Lake Champlain within the LWRP study area is good and is not expected to pose constraints on future waterfront development.


  10. Environmentally Sensitive Features

    This section describes land and water resources within the waterfront area which either represent a hazard to future development or are sensitive to developmental activities. These features include steep slopes, wetlands, and flood prone areas and are displayed on Maps 7A-C. Wetland areas exist in the waterfront area east of West Bay Plaza, at the Georgia Pacific properties, and adjacent to the Nevada Oval housing on the former Plattsburgh AFB (Federally Regulated Wetland).

    The escarpment in the south portion of the LWRP lake coast area is environmentally sensitive because it is unstable. The steep drop from the upland area to the lake surface is prone to erosion, slumping, and even collapse. The bluff area is undevelopable. Upland areas east of the existing railroad tracks and adjacent to the escarpment may require stabilization or reinforcement before development can occur.

    The wetlands in the north lake coastal portion of the LWRP study area are environmentally sensitive because they are relatively fragile. The low lying, frequently wet soils are located in the North End and Wilcox Dock subzones in the cove-like area between the West Bay Plaza commercial area and the Georgia Pacific lands adjacent to Wilcox Dock; a federally-regulated wetland area is located in the coastal area adjacent to the Nevada Oval housing of the former PAFB.38 These areas are inappropriate for development and should be protected. Any attempts to alter the softness of the soils by filling, draining, or other disturbance is illegal. The wetlands are subject to federal and state regulations including review and permitting of any proposed actions. Development can occur only with applicable U.S. Army Corps of Engineers and NYSDEC approvals and permits.

    The study area contains habitat, perhaps within the wetland areas, that may support one or more of the rare plants that occur in the vicinity. These species include the Houghton Umbrella Sedge and are protected by state law from disturbance. Areas for proposed action must be surveyed for endangered or threatened plants before undertaking development. Presence of rare or endangered plants precludes development where they occur.

    The Saranac River floodplain is environmentally sensitive and is unstable. Development within the floodplain is not recommended due to flood hazard. The 100-year floodplain for the Saranac River has been designated by the Federal Emergency Management Agency and represents a significant but calculated development constraint, i.e. a flood will occur once in 100 years. The immediate river shoreline is flood prone but the floodway does not extend beyond the 150' contour line, or less than 500 feet from the river.


    image


    38 Disposal and Reuse of Plattsburgh Air Force Base, New York, Draft Environmental Impact Statement, July, 1995; p. 3-119.

    image

    image

    image

    Lake Champlain is environmentally sensitive because it is shallow within the city boundary. The depth to the bottom rarely exceeds eighteen feet and is less than ten feet deep for most of the study area when the water surface is calm. These depths vary considerably with regional rainfall cycles (e.g., the 1995 drought left both river and lake water levels unusually low). Water depth also varies with wave action, especially in combination with high wind speeds. Moisture-laden high winds from the southeast are not unusual, but light westerly winds are the norm. Semi-annual severe storms pose a significant development constraint along exposed southeast-oriented shore areas. As a result of Hurricane Irene and Tropical Storm Lee, which came through the area in summer 2011, Lake Champlain reached the highest levels ever seen. The storms resulted in flood damage at numerous locations, including at the Municipal Beach, where the restroom facilities were damaged and have been closed since. A federal disaster was declared, and FEMA funding assistance was provided for flood damage repairs.

    The shallow water within the study area may be especially sensitive to water borne pollutants, siltation, weed growth, or infestation during population blooms (e.g., freshwater snails). The shallow water may require attentive maintenance such as regular systematic weed harvesting, shoreline grooming, or removal of storm debris for some water uses. Zebra mussels have impacted the shallow water building up on submerged rocks and docks.

    The shallow lake areas freeze to a thickness in excess of six inches during the winter months. The seasonal freeze/thaw cycles pose a significant development constraint for all immediate shore areas on both waterside and landside. Large sections of ice and frozen snowpack from the lake surface may pose a hazard in combination with occasional severe spring storms. In addition, the shallow lake and river waters are considered Waters of the United States and are classified as navigable waterways. Development in the water is subject to U.S. Army Corps of Engineers permitting and approval process for any proposed actions in navigable waterways, including temporary installations such as coffer dams.


  11. Fish Resources

    The entire Lake Champlain Basin supports abundant and diverse warm water fish populations. A fisheries survey conducted by the New York State Department of Environmental Conservation during the mid-1980s identified approximately 58 fish species within the Lake. The most popular species in the Cumberland Bay area are Lake Trout, Steelhead Trout, Landlocked (Atlantic) Salmon, Smelt, Walleye, Largemouth Bass, Smallmouth Bass, Northern Pike, Chain Pickerel, Muskellunge, and Yellow Perch. The fish population is expected to thrive in the foreseeable future owing to control of the Sea Lamprey population. Lake Champlain is the sixth largest freshwater lake in the continental U.S. and is one of its most popular fishing destinations. State- owned boat launches exist at Peru, Port Au Roche and the Great Chazy River within Clinton County. In the City of Plattsburgh, boat launches exist at the Plattsburgh Boat Basin, at the City Marina, at the mouth of the Saranac River at Dock Street Landing, and at Wilcox Dock, and a fishing dock (handicapped accessible) is located just below the Macdonough Monument on the Saranac River. Shoreline and ice fishing are also popular in season.


  12. Scenic Views

    According to a 1987 survey undertaken by the President's Commission on Americans, scenic beauty is ranked as the most important criterion Americans use in choosing parks and recreation areas. Support for this finding can easily be found in the high automobile counts on scenic highways such as the Skyline Drive and Blue Ridge Parkway in Virginia and North Carolina.39

    Given its location on Lake Champlain between the Adirondack Mountains of New York State and the Green Mountains of Vermont, Plattsburgh has an abundance of scenic views which should be identified and protected. Beautiful views of Lake Champlain can be seen from points all along the waterfront, but particularly from the City Beach, Wilcox Dock, from the area at the


    image


    39 Stokes, Samuel N. and A. Elizabeth Watson, Genevieve P. Keller, and J. Timothy Keller, Saving America's Countryside (Baltimore and London: The Johns Hopkins University Press, 1989) 42.

    foot of Point Historic District, the marina, and Sailor’s Beach at the Old Base (See Map 7C). The City Beach also provides excellent views back to the city.


  13. Zoning

    Zoning District Classifications and Analysis by Subarea

    The City of Plattsburgh Zoning Ordinance has been in effect since 1981, with revisions in 1983, 1988 and 2001 (see Map 8A). The zoning ordinance was updated as part of the development of a new Master Plan for the City, by The Saratoga Associates. Zoning changes in the waterfront revitalization area were adopted by the Common Council and are described further in Section VI, Local Techniques for Implementation.

    For the most part, the existing zoning establishes districts which support fairly stable existing uses, but some refinements and enhancements may be needed to accommodate planned future waterfront development and ensure the protection of existing resources. Such development can be expected to take place in all of the LWRP subareas and adequate protection for the waterfront and related resources should be adopted in anticipation of such development.

    Along the waterfront, most land is zoned residential, reflecting current land use patterns. The general purpose of the zoning ordinance is "promoting the health, safety, morals, convenience, order, prosperity and general welfare of the community." The City of Plattsburgh Zoning Ordinance consists of ten classification districts (R-1, R-2, B-1, B-2, C, I, RC-1, RC-2, RC-3, RH) and three overlay districts (OL-W, OL-P-1, and OL-P-2). The LWRP Waterfront Revitalization Area currently contains the following zoning districts:

  14. Summary of Key Waterfront Issues


Based on the existing conditions assessments carried out as part of the Inventory and Analysis section, key waterfront issues include:

  1. Decreasing wetland area endangerment and improving conservation efforts, while at the same time, recognizing these areas as true natural resources and maximizing sensitive beach development opportunities;

  2. Implementing erosion control measures to save shoreline areas and improve safety in the North End subarea and Old Base subarea;

  3. Improving public access by enhancing existing areas and creating new access points and walkways, particularly at City Beach and Scomotion Creek, the Point, and the Old Base site, which have been identified as priority areas for revitalization;

  4. Continue mitigation of environmental remediation areas in partnership with various City industries, applicable New York State agencies, and others;

  5. Strengthening linkages between the waterfront and downtown, focusing on the Dock/Bridge Street corridor, but also seeking to connect the subareas to one another through signage, interpretation, trail connections, public transit, and other efforts;

  6. Raising public awareness of both the City's and Lake Champlain's cultural and natural resources;

  7. Protecting existing resources, such as the Saranac River, historic resources, and the magnificent resources of Lake Champlain.

  8. Capitalizing on opportunities to enhance potential development along waterfront parcels, such as at Dock Street Landing, where potential exists for mixed-use or hotel development; at Durkee Street, which could serve as a destination point along a corridor connecting the downtown to the waterfront; at the City Marina, which could expand; and at the City Beach.

    In general, it is anticipated that waterfront revitalization could act as a catalyst to the revitalization of the entire city. In pursuing its redevelopment options, the City will need to balance the needs of local residents with the best interests of the City. Recent studies undertaken by both the City and the Lake Champlain Basin Program indicate a need for careful planning to address continuing population growth, increasing use of Lake Champlain, increasing user conflicts, and the predicted effects of growth on the entire Lake Champlain basin. The Lake Champlain Basin Program also recognizes that fostering more opportunities to access and enjoy the Lake will encourage more people to value it and support water quality protection, ultimately increasing the number of people engaged in Lake stewardship.40 The City has also recognized the need to work closely with private property owners and to develop partnerships and establish connections between various community resources and groups.

    Perhaps the greatest issue is the City's growing need to use its unrivaled location and substantial Lake Champlain waterfront area. Plattsburgh needs to convert its numerous underutilized waterfront areas to vibrant, publicly accessible destinations for the economic benefit and enjoyment of its residents and visitors while protecting Lake Champlain for future generations


    image


    40Lake Champlain Basin Program, April 2003. Opportunities for Action: An Evolving Plan for the Future of the Lake Champlain Basin. “Chapter 4: Recreation and Cultural Resources.” http://www.lcbp.org/wp-content/uploads/2013/03/Final-April03.pdf

    Section III. Local Waterfront Revitalization Policies


    The City of Plattsburgh Local Waterfront Revitalization Policies presented in this chapter consider the economic, environmental, and cultural characteristics of the City’s waterfront revitalization area. The policies are comprehensive, and reflect existing state laws and authorities. As noted in NYS Department of State guidelines, they represent a balance between economic development and preservation that will permit beneficial use of and prevent adverse effects on Lake Champlain and the Saranac River waterfront resources. The policies are the basis for consistency determinations made by state and federal reviewers for actions affecting the City of Plattsburgh waterfront and Lake Champlain Basin.


    Harbor Management Policies

    Harbor management can apply to both formal harbors and nearshore areas, and can address issues such as vessel use, speed, anchoring, and mooring, as well as regulation of structures such as boathouses and docks. Harbor management plans must cover all surface waters within or adjacent to a municipality. These include in-water areas adjacent to open shorelines as well as actively used enclosed bays or harbors. The harbor management area in the City of Plattsburgh includes the “wet side” of the LWRP boundary, extending to the municipal boundary within Lake Champlain, and including the portion of the Saranac River that lies within the WRA.

    The policies which follow provide a summary of the overall objectives of a harbor management plan that can be accomplished through enforceable policies or capital/construction projects. Not all of the policies are applicable to the Plattsburgh WRA, and those instances are identified in the following discussions of each policy. For example, Plattsburgh has no shellfishing or commercial fishing facilities, and no major waterfront energy production.

    Waterways throughout the State have experienced significant growth in recreational boating in recent years. This has resulted in a corresponding demand for marinas, docks, storage areas, service shops, and launch facilities. Although communities prepare comprehensive land use plans, equivalent attention has not been given to the water surface and harbor areas. As a result, problems often arise related to boating congestion, public safety, dredging and dredge spoil disposal, public access to the waterfront, water quality, and competition of land uses along the waterfront.

    Plattsburgh has advantageous proximity to Rouse's Point - the point of entry for Canadians entering the waters of the United States. It is anticipated that expanded recreational boating facilities will be sited along Lake Champlain. Such facilities should be constructed and sited in a manner which does not degrade natural resources, create conflicts between water uses, or adversely impact boat traffic. As outlined in the Introduction, policies which apply to particular Harbor Management elements are as follows:


    The identification and discussion of economic, cultural and social considerations regarding underwater lands and navigable waters

    Section III: Policies 1, 2, 3, 4, 5, 10, 18,

    23, 25, 27, 29

    A specification of policies concerning the management of underwater lands and navigable waters

    Section III: Policies 1, 2, 3, 4, 7, 8, 9,

    10, 12, 13, 14, 15, 16, 18, 19, 20, 21,

    22, 23, 24, 25, 27, 28, 29, 30, 31, 33,

    34, 35, 36, 37, 38, 39, 40, 44

    Coastal Policies and Implementation

    The Coastal Management Program41 has a dual role, acting as an advocate for specific, desired coastal actions, while also coordinating existing State programs, activities, and decisions that affect the coastal area. The need for this became clear during the analysis of the State's coastal area, which identified ten specific issues which were not then being adequately addressed by existing State law or regulations.

    The first was that government agencies were not required to coordinate and, as a result, decisions affecting the appropriate uses of the State's coastal resources were inconsistent. There was a need to coordinate decision-making within and between each level of government. Section 919 of the Waterfront Revitalization and Coastal Resources Act provided the authority to solve this problem.

    The nine other issues which required additional attention include:

Each of these items necessitated a specific action. The last – coping with erosion and flooding hazards – required passage of the Coastal Erosion Hazard Areas law. The Waterfront Revitalization of Coastal Areas and Inland Waterways law gave the Coastal Management Program the authority to further advocate each of these activities.

Coordination

In the past, agencies usually pursued single purpose programs without considering their interrelationships or combined effect on the coastal area. The Coastal Management Program provides the basis for coordinating these programs, in part by spelling out the 44 policies discussed in this Section. For the first time, all State agencies are required to advance these policies, not allowing one policy to override another. More specifically, the use of this particular set of additional criteria requires agencies to take into account the interrelationships that exist and/or should exist in the coastal area; not just interrelationships evident in a single ecosystem, e.g. wetlands, but the coastal area as a whole. This approach assures that future actions in the coastal area will, at a minimum, not interfere with the State's long term commitment to achieving for society the most beneficial use of coastal resources.

Policies

While the distinction can never be complete, each of the 44 policy statements promotes the beneficial use of coastal resources, prevents their impairment, or deals with major activities that substantially affect numerous resources. The policies pertain to regional character, economic development, recreation and culture, natural resources, and environmental health and energy. In all cases, State agencies are required to adhere to each policy statement as much as legally and physically possible.

The policies designed to promote the use of coastal resources are summarized as follows:



image


41 State Coastal Policy information was provided by NYS DOS and is excerpted from the State of New York Coastal Management Program and Final Environmental Impact Statement, Section 6, August 1982; with changes made to incorporate routine program changes approved in 1983, 2001, and 2017.

The Coastal Policies in this Section are derived from existing laws and regulations administered by State agencies. They constitute all the policies of the State’s Coastal Management Program and provide a source of information for all State agencies.

Implementation

Various laws are essential to the enforcement and implementation of the coastal policies.

Many of the Program's policies are carried out by programs administered by the NYS DEC. For example, the DEC operates regulatory programs which provide protection to tidal and freshwater wetlands (Policy 44), restrict development and other activities in flood and erosion hazard areas (Policies 11-17), and protect air and water resources (Policies 30-35 and 40-43). Other agencies, such as the Office of Parks Recreation and Historic Preservation, Public Service Commission, and the State Board on Electric Generation Siting and the Environment administer programs which provide coastal recreational facilities, regulate the siting of energy transmission facilities and regulate the location of electric power plants.

Other Coastal Management Program policies are based upon the provision of Article 42 of the Executive Law. These policies carry out the intention of the State Legislature that there be "a balance between economic development and preservation that will permit the beneficial use of coastal resources while preventing the loss of living marine resources and wildlife, diminution of open space areas or public access to the waterfront, shoreline erosion,

impairment of scenic beauty, or permanent adverse changes to ecological systems" (Executive Law, §912(1)). Executive Law, Article 42, requires that actions directly undertaken by State agencies within the state's coastal area be undertaken in a manner consistent with these policies. In addition, the procedures of the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) ensure that all State agency actions are consistent with these policies.

It is important to note that no policy applies to the exclusion of the others. All policies relevant to a given action are to be adhered to; 19 NYCRR Part 600 and 6 NYCRR Part 617 dictate the only circumstances under which a policy need not be fully adhered to.

The following pages contain an explicit statement of State policy, followed by a more detailed explanation of that statement. In many instances, the explanation is followed by guidelines to be used by agencies in their decision making.

The following is a list of the Policies:


Development Policies

Policy 1

Policy 2

Policy 3

Policy 4

Policy 5

Policy 6

Fish and Wildlife Policies

Policy 7

Policy 8

Policy 9

Policy 10

Flooding and Erosion Hazards Policies

Policy 11

Policy 12

Policy 13

Policy 14

Policy 15

Policy 16

Policy 17 General Policy Policy 18

Public Access Policies

Policy 19

Policy 20 Recreation Policies Policy 21

Policy 22

Historic and Scenic Resource Policies

Policy 23

Policy 24

Policy 25

Agricultural Lands Policy

Policy 26

Energy and Ice Management Policies

Policy 27

Policy 28

Policy 29

Water and Air Resources Policies

Policy 30

Policy 31

Policy 32

Policy 33

Policy 34

Policy 35

Policy 36

Policy 37

Policy 38

Policy 39

Policy 40

Policy 41

Policy 42

Policy 42 Wetlands Policy Policy 44

Development Policies


Policy 1

Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses.


Explanation of Policy

State and federal agencies must ensure that their actions further the revitalization of urban waterfront areas. The transfer and purchase of property; the construction of a new office building, highway or park; the provision of tax incentives to businesses; and establishment of enterprise zones, are all examples of governmental means for spurring economic growth. When any such action or similar action is proposed, it must be analyzed to determine if the action would contribute to or adversely affect a waterfront revitalization effort.

It must be recognized that revitalization of once dynamic waterfront areas is one of the most effective means of encouraging economic growth in the state, without consuming valuable open space outside of these waterfront areas. Waterfront redevelopment is also one of the most effective means of rejuvenating, or at least stabilizing, residential and commercial districts adjacent to the redevelopment area.

In responding to this policy, several other policies must be considered: (1) Uses requiring a location abutting the waterfront must be given priority in any redevelopment effort. (Refer to Policy 2 for the means to effectuate this priority); (2) As explained in Policy 5, one reason for revitalizing previously dynamic waterfront areas is that the costs for providing basic services to such areas is frequently less than providing new services to areas not previously developed; (3) The likelihood for successfully simplifying permit procedures and easing certain requirements (Policy

6) will be increased if a discrete area and not the entire urban waterfront is the focus for this effort. In turn, ease in obtaining permits should increase developers' interest to invest in these areas. Further, once this concentrated effort has succeeded, stabilization and revitalization of surrounding areas is more likely to occur.

Through waterfront revitalization programs, local governments have the primary responsibility for implementing this policy. Though local waterfront revitalization programs need not be limited to redevelopment, local governments are urged to identify areas as suitable for redevelopment, and establish and enforce redevelopment programs.

  1. When a Federal or State action is proposed to take place in an urban waterfront area regarded as suitable for redevelopment, the following guidelines will be used:

    1. Priority should be given to uses which are dependent on a location adjacent to the water (see Policy 2).

    2. The action should enhance existing and anticipated uses. For example, a new highway should be designed and constructed so as to serve the potential access needs for desirable industrial development.

    3. The action should serve as a catalyst to private investment in the area.

    4. The action should improve the deteriorated condition of a site and, at a minimum, must not cause further deterioration. For example, a building could not be abandoned without protecting it against vandalism and/or structural decline.

    5. The action must lead to development which is compatible with the character of the area, with consideration given to scale, architectural style, density, and intensity of use.

    6. The action should have the potential to improve the existing economic base of the community and, at a minimum, must not jeopardize this base. For example, waterfront development meant to serve consumer needs would be inappropriate in an area where no increased consumer demands were expected and existing development was already meeting demand.

    7. The action should improve adjacent and upland views of the water, and, at a minimum, must not affect these views in an insensitive manner.

    8. The action should have the potential to improve the potential for multiple uses of the site.

  2. If a State or Federal action is proposed to take place outside of a given deteriorated, underutilized urban waterfront area suitable for redevelopment, and is either within the relevant community or adjacent coastal communities, the agency proposing the action must first determine if it is feasible to take the action within the deteriorated, underutilized urban waterfront area in question. If such an action is feasible, the agency should give strong consideration to taking the action in that area. If not feasible, the agency must take the appropriate steps to ensure that the action does not cause further deterioration of that area.

Plattsburgh Comment:

This policy is intended to foster a development pattern that provides for beneficial use of Plattsburgh’s waterfront resources. The primary components of the desired development pattern are: strengthening traditional waterfront communities as centers of activity, encouraging water dependent uses to expand, enhancing stable residential areas and preserving open space. Much of the Plattsburgh waterfront area is characterized by deteriorated structures, underutilized open space lands adjacent to Lake Champlain and the Saranac River, and physical barriers such as railroad right-of-ways. Since the waterfront is located immediately adjacent to Plattsburgh's central business district, and represents the dominant feature of the city, it is expected that carefully planned waterfront revitalization in this location can stimulate and support additional economic development initiatives. The potential stimulus of waterfront revitalization becomes even more significant given the implications of the redevelopment of the Old Base site and Dock St. Landing.


Policy 2

Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters.


Explanation of Policy

There is a finite amount of waterfront space suitable for development purposes. Consequently, while the demand for any given piece of property will fluctuate in response to varying economic and social conditions, on a statewide basis, the only reasonable expectation is that long-term demand for waterfront space will intensify.

The traditional method of land allocation, i.e., the real estate market, with or without local land use controls, offers little assurance that uses which require waterfront sites will, in fact, have access to the State's coastal waters. To ensure that such "water-dependent" uses can continue to be accommodated within the State, State agencies will avoid undertaking, funding, or approving non-water-dependent uses when such uses would preempt the reasonably foreseeable development of water-dependent uses; furthermore, agencies will utilize appropriate existing programs to encourage water-dependent activities.

Water-dependent activities shall not be considered a private nuisance, provided such activities were commenced prior to the surrounding activities and have not been determined to be the cause of conditions dangerous to life or health and any disturbance to enjoyment of land and water has not materially increased.

A water-dependent use is an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

The following uses and facilities are considered as water-dependent:

  1. Uses which depend on the utilization of resources found in coastal waters (for example: fishing, mining of sand and gravel, mariculture activities);

  2. Recreational activities which depend on access to coastal waters (for example: swimming, fishing, boating, wildlife viewing);

  3. Uses involved in the sea/land transfer of goods (for example: docks, loading areas, pipelines, short-term storage facilities);

  4. Structures needed for navigational purposes (for example: dams, locks, lighthouses);

  5. Flood and erosion protection structures (for example: breakwaters, bulkheads);

  6. Facilities needed to store and service boats and ships (for example: marinas, boat repair, boat construction yards);

  7. Uses requiring large quantities of water for processing and cooling purposes (for example: hydroelectric power plants, fish processing plants, pumped storage power plants);

  8. Uses that rely heavily on the waterborne transportation of raw materials or products which are difficult to transport on land, thereby making it critical that a site near to shipping facilities be obtained (for example: coal export facilities, cement plants, quarries);

  9. Uses which operate under such severe time constraints that proximity to shipping facilities become critical (for example: firms processing perishable foods);

  10. Scientific/educational activities which, by their nature, require access to coastal waters (for example: certain meteorological and oceanographic activities); and

  11. Support facilities which are necessary for the successful functioning of permitted water-dependent uses (for example: parking lots, snack bars, first aid stations, short-term storage facilities). Though these uses must be near the given water dependent use they should, as much as possible, be sited inland from the water dependent use rather than on the shore.

In addition to water-dependent uses, those uses which are enhanced by a waterfront location should be encouraged to locate along the shore, though not at the expense of water-dependent uses. A water-enhanced use is defined as a use or activity which does not require a location adjacent to or over coastal waters, but whose location on land adjacent to the shore adds to the public use and enjoyment of the water’s edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment uses. A restaurant which uses good site design to take advantage of a waterfront view is an example of a water-enhanced use.

If there is no immediate demand for a water-dependent use in a given area but a future demand is reasonably foreseeable, temporary non-water-dependent uses should be considered preferable to a non-water-dependent or enhanced use which involves an irreversible or nearly irreversible commitment of land. Parking lots, passive recreational facilities, outdoor storage areas, and non-permanent structures are uses or facilities which would likely be considered as "temporary" non-water-dependent uses.

In the actual choice of sites where water-dependent uses will be encouraged and facilitated, the following guidelines should be used:

  1. Competition for space - competition for space, or the potential for it, should be indicated before any given site is promoted for water dependent uses. The intent is to match water-dependent uses with suitable locations and thereby reduce any conflicts between competing uses that might arise. Not just any site suitable for development should be chosen as a water-dependent use area. The choice of a site should be made with some meaningful impact on the real estate market anticipated. The anticipated impact could either be one of increased protection to existing water- dependent activities or else the encouragement of water-dependent development.

  2. In-place facilities and services - most water-dependent uses, if they are to function effectively, will require basic public facilities and services. In selecting appropriate areas for water-dependent uses, consideration should be given to the following factors:

    1. The availability of public sewers, public water lines and adequate power supply;

    2. Access to the area for trucks and rail, if heavy industry is to be accommodated; and

    3. Access to public transportation, if a high number of person trips are to be generated.

  3. Access to navigational channels - if commercial shipping, commercial fishing, or recreational boating are planned, the locality should consider setting aside a site, within a sheltered harbor, from which access to adequately sized navigation channels would be assured.

  4. Compatibility with adjacent uses and the protection of other coastal resources – water-dependent uses should be located so that they enhance, or at least do not detract from, the surrounding community. Consideration should also be given to such factors as the protection of nearby residential areas from odors, noise and traffic. Affirmative approaches should also be employed so that water-dependent uses and adjacent uses can serve to complement one another. For example, a recreation-oriented water-dependent use area could be sited in an area already oriented toward tourism. Clearly, a marina, fishing pier or swimming area would enhance and, in turn, be enhanced by nearby restaurants, motels, and other non-water-oriented tourist activities. Water-dependent uses must also be sited so as to avoid adverse impacts on the significant coastal resources.

  5. Preference to underutilized sites: The promotion of water-dependent uses should serve to foster development as a result of the capital programming, permit expediting, and other State and local actions that will be used to promote the site. Nowhere is such a stimulus needed more than in those portions of the state's waterfront areas which are currently underutilized.

  6. Providing for expansion: A primary objective of the policy is to create a process by which water- dependent uses can be accommodated well into the future. State agencies and localities should therefore give consideration to long-term space needs and, where practicable, accommodate future demand by identifying more land than is needed in the near future.

In promoting water-dependent uses, the following kinds of actions will be considered:

  1. Favored treatment to water-dependent use areas with respect to capital programming. Particular priority should be given to the construction and maintenance of port facilities, roads, railroad facilities, and public transportation within areas suitable for water-dependent uses.

  2. When areas suitable for water-dependent uses are publicly-owned, favored leasing arrangements should be given to water-dependent uses.

  3. Where possible, consideration should be given to providing water-dependent uses with property tax abatements, loan guarantees, or loans at below-market rates.

  4. State and local planning and economic development agencies should actively promote water- dependent uses. In addition, a list of sites available for non-water-dependent uses should be maintained in order to assist developers seeking alternative sites for their proposed projects.

  5. Local, State, and Federal agencies should work together to streamline permitting procedures that may be burdensome to water-dependent uses. This effort should begin for specific uses in a particular area.

  6. Local land use controls, especially the use of zoning districts exclusively for waterfront uses, can be an effective tool of local government in assuring adequate space for the development of water- dependent uses.

Plattsburgh Comment:

  1. Non-water-dependent accessory or mixed use developments may be allowed, provided:

    1. Accessory uses are subordinate and functionally related to the principal water-dependent use and contribute to sustaining the water-dependent use

    2. Mixed uses subsidize the water-dependent use and are accompanied by a demonstrable commitment to continue operation of the water-dependent use

    3. Uses are sited and operated so as not to interfere with the principal operation of the site for a water- dependent use, and

    4. Uses do not preclude future expansion of a water-dependent use.

  2. Locations that exhibit important natural resource values, such as wetlands and fish and wildlife habitats, should be avoided. Other uses may be incorporated in the waterfront, particularly water enhanced and marine support services, provided ``that these uses:

    1. Improve the working waterfront and its character

    2. Do not interfere with the efficient operation of another water-dependent use

    3. Make beneficial use of a waterfront location through siting and design to increase public enjoyment of the waterfront.

When determining if a water-enhanced use is appropriate for siting along a waterfront, the following factors should be considered:

  1. The use would provide an economic incentive to prevent the loss of a water-dependent use.

  2. The use would be sited and operated so as not to interfere with water-dependent uses.

  3. The use would be sited in a manner which does not preclude future expansion of a water-dependent use.

  4. The activity makes beneficial use of a shoreline location through siting and design to increase public enjoyment of the waterfront and enhance community character.

  5. Dedicated parking spaces shall be provided at a minimum of 0.6 spaces per slip plus additional spaces for employees and for separate retail activities on the premises.


    Policy 3

    Further develop the State's 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, the waterborne transportation of cargo and people.


    Explanation of Policy

    The aim of this policy is to support port development in New York, Buffalo, Ogdensburg, and Oswego. Three other development policies, discussed in this Section, have significant implications for port development, namely: water

    dependency, concentration of development, and the expediting of permit reviews. In implementing this policy, state agencies will recognize the legally-established jurisdictional boundaries of the port authorities. If an action is proposed for a site within or abutting a major port, or if there is a reasonable expectation that a proposed action elsewhere would have an impact on a major port, then the following guidelines shall be used in determining consistency:

    1. In assessing proposed projects within or abutting a major port, given that all other applicable policies are adhered to, the overriding consideration is the maintenance and enhancement of port activity, i.e., development related to waterborne transportation, which will have precedence over other non-port related activities.

    2. Dredging to maintain the economic viability of major ports will be regarded as an action of regional or statewide public benefit if: a clear need is shown for maintaining or improving the established alignment, width, and depth of existing channels or for new channels essential to port activity; and, it can be demonstrated that environmental impacts would be acceptable according to State regulations governing the activity.

    3. Landfill projects in the near-shore areas will be regarded as an acceptable activity within major port areas, provided adverse environmental impacts are acceptable under all applicable environmental regulations and a strong economic justification is demonstrated.

    4. If non-port related activities are proposed to be located in or near to a major port, these uses shall be sited so as not to interfere with normal port operations.

    5. When not already restricted by existing laws or covenants and when there is no other overriding regional or statewide public benefit for doing otherwise, surplus public land or facilities within or adjacent to a major port shall be offered for sale, in the first instance, to the appropriate port authority.

    6. In the programming of capital projects for port areas, highest priority will be given to projects that promote the development and use of the port. However, in determining such priorities, consideration must also be given to non-port related interests within or near the ports that have demonstrated critical capital programming needs.

    7. No buildings, piers, wharves, or vessels shall be abandoned or otherwise left unused by a public agency or sold without making provisions for their maintenance in sound condition or for their demolition or removal.

    8. Proposals for the development of new major ports will be assessed in terms of the anticipated impact on: a) existing New York State major ports; b) existing modes of transportation; and c) the surrounding land uses and overall neighborhood character of the area in which the proposed port is to be located; and other valued coastal resources.

    9. Port development shall provide opportunities for public access insofar as these opportunities do not interfere with the day-to-day operations of the port and the port authority and its tenants do not incur unreasonable costs.

    10. In applying the above guidelines the information in harbor management plans being developed by local governments pursuant to Article 42 of the Executive Law and local laws that would implement them shall be considered.

Plattsburgh Comment: This policy is not applicable to the WRA in Plattsburgh. The aim of this policy is to support port development in New York, Buffalo, Ogdensburg, and Oswego. There are no major ports in the Plattsburgh WRA or areas that abut a major port, and there is no expectation that any actions proposed within the WRA would impact any of the major ports.

Policy 4

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.


Explanation of Policy

This policy recognizes that the traditional activities occurring in and around numerous smaller harbors throughout the State's coastal area contribute much to the economic strength and attractiveness of these harbor communities. Thus, efforts of State agencies shall center on promoting such desirable activities as recreational and commercial fishing, ferry services, marinas, historic preservation, cultural pursuits, and other compatible activities which have made smaller harbor areas appealing as tourist destinations and as commercial and residential areas. Particular consideration will be given to the visual appeal and social benefits of smaller harbors which, in turn, can make significant contributions to the state's tourism industry.

The following guidelines shall be used in determining consistency:

  1. The action shall give priority to those traditional and/or desired uses which are dependent on or enhanced by a location adjacent to the water.

  2. The action will enhance or not detract from or adversely affect existing traditional and/or desired anticipated uses.

  3. The action shall not be out of character with, nor lead to development which would be out of the character with, existing development in terms of the area's scale, intensity of use, and architectural style.

  4. The action must not cause a site to deteriorate, e.g., a structure shall not be abandoned without protecting it against vandalism and/or structural decline.

  5. The action will not adversely affect the existing economic base of the community, e.g., waterfront development designed to promote residential development might be inappropriate in a harbor area where the economy is dependent upon tourism and commercial fishing.

  6. The action will not detract from views of the water and smaller harbor area, particularly where the visual quality of the area is an important component of the area's appeal and identity.

  7. In applying the above guidelines, the information in Harbor Management Plans being developed by local governments pursuant to Article 42 of the Executive Law and local laws that would implement them shall be considered.

Plattsburgh Comment:

The City of Plattsburgh waterfront happens to have some adjacent residential areas, including the Point Historic District and development along Cumberland Avenue. These stable residential areas should be maintained and allow for compatible supporting development. New uses in a stable residential area should be avoided when the use, size, or scale will significantly impair neighborhood character. New construction, redevelopment, and screening, such as fences and landscaping, should not reduce or eliminate vistas that connect people to the water.

Within Plattsburgh, the water-dependent uses to be encouraged may include recreational boating facilities such as docks and marinas, and pedestrian recreational/interpretive trails. In addition, complimentary uses, such as boat repair, supply, and lodging activities should also be encouraged in areas where they would not conflict with existing residential development. Presently, little, if any, demand exists for water-dependent industry.

It can be reasonably expected that the demand for waterfront space will intensify in the long-term. The traditional method of land allocation, the real estate market, with or without local land use controls, offers little assurance that uses which require a waterfront site will, in fact, have access to such locations.


Policy 5

Encourage the location of development in areas where public services and facilities essential to such development are adequate.


Explanation of Policy

By its construction, taxing, funding and regulatory powers, government has become a dominant force in shaping the course of development. Through these government actions, development, particularly large-scale development, in the coastal area will be encouraged to locate within, contiguous to, or in close proximity to, existing areas of concentrated development where infrastructure and public services are adequate, where topography, geology, and other environmental conditions are suitable for and able to accommodate development.

The above policy is intended to accomplish the following:

For any action that would result in large scale development or an action which would facilitate or serve future development, a determination shall be made as to whether the action is within, contiguous to, or in close proximity to an area of concentrated development where infrastructure and public services are adequate. The following guidelines shall be used in making that determination:

  1. Cities, built-up suburban towns and villages, and rural villages in the coastal area are generally areas of concentrated development where infrastructure and public services are adequate.

  2. Other locations in the coastal area may also be suitable for development, if three or more of the following conditions prevail:

    1. Population density of the area surrounding or adjacent to the proposed site exceeds 1,000 persons per square mile;

    2. Fewer than 50% of the buildable sites (i.e., sites meeting lot area requirements under existing local zoning regulations) within one mile radius of the proposed site are vacant;

    3. Proposed site is served by or is near to public or private sewer and water lines;

    4. Public transportation service is available within one mile of the proposed site; and

    5. A significant concentration of commercial and/or industrial activity is within one-half mile of the proposed site.

  3. The following points shall be considered in assessing the adequacy of an area's infrastructure and public services:

    1. Streets and highways serving the proposed site can safely accommodate the peak traffic generated by the proposed land development;

    2. Development's water needs (consumptive and firefighting) can be met by the existing water supply system;

    3. Sewage disposal system can accommodate the wastes generated by the development;

    4. Energy needs of the proposed land development can be accommodated by existing utility systems;

    5. Stormwater runoff from the proposed site can be accommodated by on-site and/or off-site facilities; and

    6. Schools, police and fire protection, and health and social services are adequate to meet the needs of the population expected to live, work, shop, or conduct business in the area as a result of the development.

It is recognized that certain forms of development may and/or should occur at locations which are not within or near areas of concentrated development. Thus, this coastal development policy does not apply to the following types of development projects and activities.

  1. Economic activities which depend upon sites at or near locations where natural resources are present, e.g., lumber industry, quarries.

  2. Development which, by its nature, is enhanced by a non-urbanized setting, e.g., a resort complex, campgrounds, second home developments.

  3. Development which is designed to be a self-contained activity, e.g., a small college, an academic or religious retreat.

  4. Water dependent uses with site requirements not compatible with this policy or when alternative sites are not available.

  5. Development which because of its isolated location and small scale has little or no potential to generate and/or encourage further land development.

  6. Uses and/or activities which because of public safety consideration should be located away from populous areas.

  7. Rehabilitation or restoration of existing structures and facilities.

  8. Development projects which are essential to the construction and/or operation of the above uses and activities.

In certain urban areas where development is encouraged by this policy, the condition of existing public water and sewage infrastructure may necessitate improvements. Those State and Federal agencies charged with allocating funds for investments in water and sewer facilities should give high priority to the needs of such urban areas so that full advantage may be taken of the rich array of their other infrastructure components in promoting waterfront revitalization.


Policy 6

Expedite permit procedures in order to facilitate the siting of development activities at suitable locations.


Explanation of Policy

For specific types of development activities, and in areas suitable for such development, State agencies and local governments participating in the Waterfront Revitalization Program will make every effort to coordinate and

synchronize existing permit procedures and regulatory programs, as long as the integrity of the regulations' objectives is not jeopardized. These procedures and programs will be coordinated within each agency. Also, efforts will be made to ensure that each agency's procedures are synchronized with other agencies' procedures at each level of government. Finally, regulatory programs and procedures will be coordinated and synchronized between levels of government, and if necessary, legislative and/or programmatic changes will be recommended.

When proposing new regulations, an agency will determine the feasibility of incorporating the regulations within existing procedures, if this reduces the burden on a particular type of development and does not jeopardize the integrity of the regulations' objectives.


Fish and Wildlife Policies


Policy 7

Significant coastal fish and wildlife habitats will be protected, preserved, and where practical, restored so as to maintain their viability as habitats.


Explanation of Policy

Habitat protection is recognized as fundamental to assuring the survival of fish and wildlife populations. Certain habitats are particularly critical to the maintenance of a given population and, therefore, merit special protection. Such habitats exhibit one or more of the following characteristics:

  1. are essential to the survival of a large portion of a particular fish or wildlife population (e.g. feeding grounds, nursery areas);

  2. support populations of rare and endangered species;

  3. are found at a very low frequency within a coastal region;

  4. support fish and wildlife populations having significant commercial and/or recreational value; and

  5. would be difficult or impossible to replace.

In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions destroy or significantly impair the viability of an area as a habitat. When the action significantly reduces a vital resource (e.g., food, shelter, living space) or changes environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism, then the action would be considered to "significantly impair" the habitat. Indicators of a significantly impaired habitat may include: reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality.

The range of generic activities most likely to affect significant coastal fish and wildlife habitats include, but are not limited to the following:

  1. Draining wetlands, ponds: May cause changes in vegetation, or changes in groundwater and surface water hydrology.

  2. Filling wetlands, shallow areas of streams, lakes, bays, estuaries: May change physical character of substrate (e.g., sandy to muddy, or smother vegetation, alter surface water hydrology).

  3. Grading land: Results in vegetation removal, increased surface runoff, or increased soil erosion and downstream sedimentation.

  4. Clear cutting: May cause loss of vegetative cover, increase fluctuations in amount of surface runoff, or increase streambed scouring, soil erosion, sediment deposition.

  5. Dredging or excavation: May cause change in substrate composition, possible release of contaminants otherwise stored in sediments, removal of aquatic vegetation, or change circulation patterns and sediment transport mechanisms.

  6. Dredge spoil disposal: May include shoaling of littoral areas, or change circulation patterns.

  7. Physical alteration of shore areas through channelization or construction of shore structure: May change volume and rate of flow or increase scouring, sedimentation.

  8. Introduction, storage or disposal of pollutants such as chemical, petrochemical, solid wastes, nuclear wastes, toxic material, pesticide, sewage effluent, urban and rural runoff, leachate of hazardous and toxic substances stored in landfills: May cause increased mortality or sublethal effects on organisms, alter their reproductive capabilities, or reduce their value as food organisms.

The range of physical, biological and chemical parameters which should be considered include but are not limited to the following:

  1. Physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates;

  2. Biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, behavioral patterns and migratory patterns; and

  3. Chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxic and hazardous materials).

When a proposed action is likely to alter any of the biological, physical or chemical parameters as described in the narrative beyond the tolerance range of the organisms occupying the habitat, the viability of that habitat has been significantly impaired or destroyed. Such action, therefore, would be inconsistent with the above policy.

In cooperation with the State's Coastal Management Program, NYS DEC has developed a rating system incorporating these five parameters.42 The Coastal Fish and Wildlife Habitat Assessment Form, outlines a habitat impairment test, applied to any activity that is subject to consistency review under federal and State laws, or under applicable local laws contained in an approved local waterfront revitalization program. That form defines habitat destruction as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area, or through the indirect effects of these actions on a designated area. Significant impairment is defined as a reduction in vital resources (e.g. food, shelter, living space) or change in environmental conditions (e.g. temperature, substrate, salinity) beyond the tolerance range of an organism. To further aid Federal and State agencies in determining the consistency of a proposed action with this policy, a narrative will be prepared for each significant habitat which will: (1) identify the location of the habitat; (2) describe the community of organisms which utilize the habitat; (3) identify the biological, physical and chemical parameters which should be considered when assessing the potential impacts of a project on that habitat; (4) identify generic activities which would most likely create significant impacts on the habitat; and (5) provide the quantitative basis used to rate the habitat. Prior to formal designation of significant fish and wildlife habitats, copies of the individual habitat narratives plus copies of habitat


image


42 The Development and Evaluation of a System for Rating Fish and Wildlife Habitats in the Coastal Zone of New York State, Final Report, January 1981, 15 pp.).

maps and completed rating forms will be provided to Federal and State agencies and the public for the review and comment.

Plattsburgh Comment: There are no designated Significant Coastal Fish and Wildlife Habitats within the Plattsburgh WRA.


Policy 8

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 sublethal or lethal effect on those resources.


Explanation of Policy

Hazardous wastes are unwanted by-products of manufacturing processes and are generally characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law [S27-0901(3)] as "waste or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or otherwise managed." A list of hazardous wastes (NYCRR Part 366) will be adopted by DEC within 6 months after EPA formally adopts its list.

The handling (storage, transport, treatment and disposal) of the materials included on this list is being strictly regulated in New York State to prevent their entry or introduction into the environment, particularly into the state's air, land and waters. Such controls should effectively minimize possible contamination of and bio-accumulation in the state's coastal fish and wildlife resources at levels that cause mortality or create physiological and behavioral disorders.

Other pollutants are those conventional wastes generated from point and non-point sources and not identified as hazardous wastes but controlled through other State laws cited below.43


Policy 9

Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources.


Explanation of Policy

Recreational uses of coastal fish and wildlife resources include consumptive uses such as fishing and hunting, and non-consumptive uses such as wildlife photography, bird watching, and nature study.

Any efforts to increase recreational use of these resources will be made in a manner which ensures the protection of fish and wildlife resources in marine and freshwater coastal areas and which takes into consideration other activities dependent on these resources. Also, such efforts must be done in accordance with existing State law and in keeping with sound management considerations. Such considerations include biology of the species, carrying capacity of the resources, public demand, costs and available technology.

The following additional guidelines should be considered by State and federal agencies as they determine the consistency of their proposed action with the above policy:


image


43 http://www.dos.ny.gov/opd/programs/pdfs/NY_CMP.pdf , Part II Section 6, page 28

  1. Consideration should be made by federal and State agencies as to whether an action will impede existing or future utilization of the State's recreational fish and wildlife resources.

  2. Efforts to increase access to recreational fish and wildlife resources should not lead to overutilization of that resource or cause impairment of the habitat. Sometimes such impairment can be more subtle than actual physical damage to the habitat. For example, increased human presence can deter animals from using the habitat area.

  3. The impacts of increasing access to recreational fish and wildlife resources should be determined on a case-by-case basis, consulting the significant habitat narrative (see Policy 7) and/or conferring with a trained fish and wildlife biologist.

  4. Any public or private sector initiatives to supplement existing stocks (e.g., stocking a stream with fish reared in a hatchery) or develop new resources (e.g., creating private fee-hunting or fee-fishing facilities) must be done in accord with existing State law.


Policy 10

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.


Explanation of Policy

Commercial fishery development activities must occur within the context of sound fishery management principals developed and enforced within the State's waters by NYS DEC and the management plans developed by the Regional Fisheries Management Councils (Mid-Atlantic and New England) and enforced by the U.S. National Marine Fisheries Service within the Fishery Conservation Zone. (The Fishery Conservation Zone is the area of coastal waters extending from the three mile State waters boundary to the 200 mile offshore boundary of the U.S. waters. The Conservation Zone is authorized by the U.S. Fishery Conservation and Management Act of 1976.) Sound resource management considerations include optimum sustained yield levels developed for specific commercial fish species, harvest restrictions imposed by State and federal governments, and the economic, political (uses conflicts), and technological constraints to utilizing these resources.

The following additional guidelines should be considered by State and federal agencies as they determine the consistency of their proposed action with the above policy:

  1. A public agency's commercial fishing development initiative should not preempt or displace private sector initiative.

  2. A public agency's efforts to expand existing or create new on-shore commercial fishing support facilities should be directed towards unmet development needs rather than merely displacing existing commercial fishing activities from a nearby port. This may be accomplished by taking into consideration existing State or regional commercial fishing development plans.

  3. Consideration should be made by State and Federal agencies whether an action will impede existing utilization or future development of the state's commercial fishing resources.

  4. Commercial fishing development efforts should be made in a manner which ensures the maintenance and protection of the renewable fishery resources.

Plattsburgh Comment: There are no commercial fisheries or aquaculture facilities within the Plattsburgh WRA. This policy does not apply.

Flooding and Erosion Hazards Policies


Policy 11

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.


Explanation of Policy

On coastal lands identified as coastal erosion hazard areas, buildings and similar structures shall be set back from the shoreline a distance sufficient to minimize damage from erosion unless no reasonable prudent alternative site is available as in the case of piers, docks, and other structures necessary to gain access to coastal waters to be able to function. The extent of the setback will be calculated, taking into account the rate at which land is receding due to erosion and the protection provided by existing erosion protection structures, as well as by natural protective features such as beaches, sandbars, spits, shoals, barrier islands, bay barriers, nearshore areas, bluffs, and wetlands. The only new structure allowed in coastal erosion hazard areas is a moveable structure as defined in 6 NYCRR Part 505.2(x). Prior to its construction, an erosion hazard areas permit must be approved for the structure. Existing non- conforming structures located in coastal erosion hazard areas may be only minimally enlarged.

In coastal lands identified as being subject to high velocity waters caused by hurricane or other storm wave wash - a coastal high hazard area - walled and roofed buildings or fuel storage tanks shall be sited landward of mean high tide, and no mobile home shall be sited in such area. In coastal lands identified as floodways, no mobile homes shall be sited other than in existing mobile home parks.

Where human lives may be endangered by major coastal storms, all necessary emergency preparedness measures should be taken, including disaster preparedness planning.

Plattsburgh Comment:

While there are no designated erosion hazard areas in the City of Plattsburgh, and erosion has not been a significant problem, floodways and flood hazard areas have been designated along the Lake Champlain and Saranac River shorelines.

In order to minimize property damage resulting from flooding, development will be discouraged from locating within such areas or appropriately flood-proofed. Within floodways, as identified by the Federal Emergency Management Act (FEMA), only open space uses will be allowed. Within flood hazard areas, development will be undertaken in accordance with the following guidelines:

  1. All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to flood water related forces.

  2. All construction materials and utility equipment used shall be resistant to flood damage.

  3. Construction practices and methods shall be employed which minimize potential flood damage.

  4. All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.

  5. Adequate drainage shall be provided to reduce exposure to flood hazards.

  6. All water supply and sewage disposal systems shall be designed to minimize or eliminate flood water infiltration or discharges into the flood waters.

  7. All new residential construction or substantial improvements to residential structures shall have the lowest floor (including basement) elevated to at least two (2) feet above the base flood elevation of the one hundred (100) year flood.

  8. All new non-residential construction or substantial improvements to such non-residential structures shall have the lowest floor (including basement) elevated to at least two (2) feet above the water level of the one hundred

(100) year flood or, as an alternative, be flood-proofed up to that same water level, including attendant utility and sanitary facilities.

  1. No use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing or anticipated uses, will not raise the water level of the one hundred (100) year flood more than one (1) foot at any point.

  2. Comply with the provisions of any municipal erosion management plan, consistent with the provisions of this policy.


Policy 12

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.


Explanation of Policy

Beaches, dunes, barrier islands, bluffs, and other natural protective features help safeguard coastal lands and property from damage, as well as reduce the danger to human life, resulting from flooding and erosion. Excavation of coastal features, improperly designed structures, inadequate site planning, or other similar actions which fail to recognize their fragile nature and high protective values, lead to the weakening or destruction of those landforms. Activities or development in, or in proximity to, natural protective features must ensure that all such adverse actions are minimized. Primary dunes will be protected from all encroachments that could impair their natural protective capacity.


Policy 13

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.


Explanation of Policy

Erosion protection structures are widely used throughout the State's coastal area. However, because of improper design, construction and maintenance standards, many fail to give the protection which they are presumed to provide. As a result, development is sited in areas where it is subject to damage or loss due to erosion. This policy will help ensure the reduction of such damage or loss.


Policy 14

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.


Explanation of Policy

Erosion and flooding are processes which occur naturally. However, by our actions, humans can increase the severity and adverse effects of those processes, causing damage to, or loss of property, and endangering human lives. Those actions include: the use of erosion protection structures such as groins, or the use of impermeable docks which block the littoral transport of sediment to adjacent shorelands, thus increasing their rate of recession; the failure to observe proper drainage or land restoration practices, thereby causing runoff and the erosion and

weakening of shorelands; and the placing of structures in identified floodways so that the base flood level is increased causing damage to otherwise hazard-free areas.


Policy 15

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.


Explanation of Policy

Coastal processes, including the movement of beach materials by water, and any mining, excavation or dredging in nearshore or offshore waters which changes the supply and net flow of such materials can deprive shorelands of their natural regenerative powers. Such mining, excavation and dredging should be accomplished in a manner so as not to cause a reduction of supply, and thus an increase of erosion, to such shorelands. Offshore mining is a future alternative option to land mining for sand and gravel deposits which are needed to support building and other industries.

Plattsburgh Comment: The future siting and/or expansion of marina facilities within the City may necessitate dredging. In this regard, such facilities shall be located in areas where minimal maintenance dredging will be necessary. In addition, dredging which would impact identified wetlands should be avoided so as not to degrade these sensitive environmental resources.


Policy 16

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.


Explanation of Policy

Public funds are used for a variety of purposes on the State's shorelines. This policy recognizes the public need for the protection of human life and existing investment in development or new development which requires a location in proximity to the coastal area or in adjacent waters to be able to function. However, it also recognizes the adverse impacts of such activities and development on the rate of erosion and on natural protective features and requires that careful analysis be made of such benefits and long-term costs prior to expending public funds.


Policy 17

Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible.


Explanation of Policy

This policy recognizes both the potential adverse impacts of flooding and erosion upon development and upon natural protective features in the coastal area, as well as the costs of protection against those hazards which structural measures entail.

"Non-structural measures" shall include, but not be limited to: (1) within coastal erosion hazard areas identified under Section 0104 of Coastal Erosion Hazard Areas law (Environmental Conservation Law Article 34), and subject to the permit requirements on all regulated activities and development established under that law, (a) the use of minimum

setbacks as provided for in Section 0108 of Environmental Conservation Law Article 34; and (b) the strengthening of coastal landforms by the planting of appropriate vegetation on dunes and bluffs, the installation of sand fencing on dunes, the reshaping of bluffs to achieve an appropriate vegetation on dunes and bluffs, the installation of sand fencing on dunes, the reshaping of bluffs to achieve an appropriate angle of repose so as to reduce the potential for slumping and to permit the planting of stabilization vegetation, and the installation of drainage systems on bluffs to reduce runoff and internal seepage of waters which erode or weaken the landforms; and (2) within identified flood hazard areas, (a) the avoidance of risk or damage from flooding by the siting of buildings outside the hazard area, and (b) the flood-proofing of buildings or their elevation about the base flood level.

This policy shall apply to the planning, siting, and design of proposed activities and development, including measures to protect existing activities and development. To ascertain consistency with the policy, it must be determined if any one, or a combination of, non-structural measures would afford the degree of protection appropriate both to the character and purpose of the activity or development, and to the hazard. If non-structural measures are determined to offer sufficient protection, then consistency with the policy would require the use of such measures, whenever possible.

In determining whether or not non-structural measures to protect against erosion or flooding will afford the degree of protection appropriate, an analysis, and if necessary, other materials such as plans or sketches of the activity or development, of the site and of the alternative protection measures should be prepared to allow an assessment to be made.

Plattsburgh Comment:

Shoreline erosion is currently an ongoing problem in the North End subarea, as well as in localized portions of the steeper waterfront areas of the Old Base site lands. In these areas, every effort will be made to control erosion through the use of strategic sequential planting involving grasses and ground covers, low shrubs, higher shrubs, and trees, or other form of erosion control. It should also be noted that increased boating along Lake Champlain and the Saranac River may result in localized erosion from waves generated by boat wake.


General Policy


Policy 18

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.


Explanation of Policy

Proposed major actions may be undertaken in the coastal area if they will not significantly impair valuable coastal waters and resources, thus frustrating the achievement of the purposes of the safeguards which the State has established to protect those waters and resources. Proposed actions must take into account the social, cultural, economic and environmental interests of the State and its citizens in such matters that would affect natural resources, water levels and flows, shoreline damage, hydro-electric power generation, and recreation.


Public Access Policies


Policy 19

Protect, maintain, and increase the level and types of access to public water related recreation resources and facilities.


Explanation of Policy

This policy calls for achieving balance among the following factors: the level of access to a resource or facility, the capacity of a resource or facility, and the protection of natural resources. The imbalance among these factors is the most significant in the State's urban areas. Because this is often due to access-related problems, priority will be given to improving physical access to existing and potential coastal recreation sites within the heavily populated urban coastal areas of the State and to increasing the ability of urban residents to get to coastal recreation areas by improved public transportation. The particular water related recreation resources and facilities which will receive priority for improved access are public beaches, boating facilities, fishing areas and waterfront parks. In addition, because of the greater competition for waterfront locations within urban areas, the Coastal Management Program will encourage mixed use areas and multiple uses of facilities to improve access. Specific sites requiring access improvements and the relative priority the program will accord to each will be identified in the Public Access Planning Process.

The following guidelines will be used in determining the consistency of a proposed action with this policy:

  1. The existing access from adjacent or proximate public lands or facilities to public water related recreation resources and facilities shall not be reduced, nor shall the possibility of increasing access in the future from adjacent or proximate public lands or facilities to public water related recreation resources and facilities be eliminated, unless in the latter case, estimates of future use of these resources and facilities are too low to justify maintaining or providing increased public access, or unless such actions are found to be necessary by the public body having jurisdiction over such access as the result of a reasonable justification of the need to meet system-wide objectives.

    The following is an explanation of the terms used in the above guidelines:

    1. Access - the ability and right of the public to reach and use public coastal lands and waters.

    2. Public water related recreation resources of facilities - all public lands or facilities that are suitable for passive or active recreation that requires either water or a waterfront location or is enhanced by a waterfront location.

    3. Public lands or facilities - lands or facilities held by State or local government in fee simple or less- than-fee simple ownership and to which the public has access or could have access, including underwater lands and the foreshore.

    4. A reduction in the existing level of public access - includes, but is not limited to, the following:

      1. The number of parking spaces at a public water-related recreation resource or facility is significantly reduced.

      2. The service level of public transportation to a public water-related recreation resource or facility is significantly reduced during peak season use and such reduction cannot be reasonably justified in terms of meeting system-wide objectives.

      3. Pedestrian access is diminished or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities.

      4. There are substantial increases in the following: already existing special fares (not to include regular fares in any instance) of public transportation to a public water-related recreation resource or facility; and/or admission fees to such a resource or facility except where the public body having jurisdiction over such fares determines that such substantial fare increases are necessary and an analysis shows that such increases will significantly reduce usage by individuals or families and incomes below the State government established poverty level.

    5. An elimination of the possibility of increasing public access in the future includes, but is not limited to, the following:

      1. Construction of public facilities which physically prevent the provision, except at great expense, of convenient public access to public water-related recreation resources and facilities

      2. Sale, lease, or other transfer of public lands that could provide public access to a public water-related recreation resource or facility

      3. Construction of private facilities which physically prevent the provision of convenient public access to public water-related recreation resources or facilities from public lands and facilities

  2. Any proposed project to increase public access to public water-related recreation resources and facilities shall be analyzed according to the following factors:

    1. The level of access to be provided should be in accord with estimated public use. If not, the proposed level of access to be provided shall be deemed inconsistent with the policy.

    2. The level of access to be provided shall not cause a degree of use which would exceed the physical capability of the resource or facility. If this were determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy.

  3. The State will not undertake or fund any project which increases access to a water-related resource or facility that is not open to all members of the public.

  4. In their plans and programs for increasing public access to public water-related resources and facilities, State agencies shall give priority in the following order to projects located: within the boundaries of the Federal-Aid Metropolitan Urban Area and served by public transportation, within the boundaries of the Federal-Aid Metropolitan urban area but not served by public transportation; outside the defined Urban Area boundary and served by public transportation; and outside the defined Urban Area boundary but not served by public transportation.

Plattsburgh Comment:

Along many stretches of the waterfront, physical and visual access is limited for the general public. Limitations on reaching or viewing the waterfront are further heightened by a general lack of diverse forms of recreation at those sites that do provide access. In many cases, access and recreational opportunities are limited to local residents. Given the lack of adequate public access and recreation, this policy incorporates measures needed to provide public access throughout the waterfront area. The maintenance and improvement of existing public access and facilities is necessary to ensure that use of existing access sites and facilities is optimized in order to accommodate existing demand. The community should capitalize on all available opportunities to provide additional visual and physical public access along with appropriate opportunities for recreation. Recreational facilities, such as parks and trails, are acceptable uses for virtually any portion of the City's waterfront. However, direct shoreline access within the Point View Terrace neighborhood is precluded due to existing residential development, and other areas are subject to continuing beach erosion.

The City should work with local developers, property and business owners, and homeowners to maximize public access and waterfront redevelopment opportunities, recognizing that waterfront redevelopment is generally a major catalyst for economic revitalization.

Although there are currently several ways to access the waterfront area in Plattsburgh, as described in the Inventory and Analysis, the access provided in these sites is uncoordinated and does not represent the most effective means of providing diverse public recreation opportunities along the waterfront. The guidelines in this policy are intended to shape the enhancement of existing access sites, as well as the development of new areas.

The level of public access and type of recreational use should take into account the following factors:

  1. Provide new opportunities for convenient, well-defined physical public access to and along Plattsburgh's waterfront for water-related recreation, such as Wilcox Dock, Sailor’s Beach, the Old Base Marina, or trail linkages.

  2. Protect and maintain existing public access and water-related recreation facilities.

    1. Prevent physical deterioration of facilities due to lack of maintenance or overuse.

    2. Prevent any on-site or adjacent development project or activity from directly or indirectly impairing physical public access and recreation or adversely affecting its quality.

    3. Protect and maintain established access and recreation facilities, especially at the marina, City Beach, and Dock St. Landing.

    4. Protect and maintain the infrastructure supporting public access and recreational facilities.

  3. Provide additional physical public access and recreation facilities throughout the waterfront area.

    1. Promote acquisition of additional public park lands to meet existing public access and recreation needs, such as near Wilcox Dock, when land becomes available.

    2. Provide for public access and recreation facilities on non-park public waterfront lands as a secondary use, such as waterfront pedestrian trails, when land becomes available.

    3. Provide for public access at streets terminating at the shoreline, such as Cumberland Avenue and Dock Street, when land becomes available.

    4. Provide access and recreation facilities to all members of the public whenever access or recreation is directly or indirectly supported through federal or state projects or funding.

    5. Retain a public interest which will be adequate to preserve public access and recreation opportunities in publicly owned lands immediately adjacent to the shore in any transfer of public lands.


Policy 20

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 shall be provided in a manner compatible with adjoining uses.


Explanation of Policy

In coastal areas where there are little or no recreation facilities providing specific water-related recreational activities, access to the publicly-owned lands of the coast at large should be provided for numerous activities and pursuits which require only minimal facilities for their enjoyment. Such access would provide for walking along a beach or a city waterfront or to a vantage point from which to view the seashore. Similar activities requiring access would include bicycling, bird watching, photography, nature study, beachcombing, fishing and hunting.

For those activities, there are several methods of providing access which will receive priority attention of the Coastal Management Program. These include: the development of a coastal trails system; the provision of access across transportation facilities to the coast; the improvement of access to waterfronts in urban areas; and the promotion of mixed and multi-use development.

While such publicly-owned lands referenced in the policy shall be retained in public ownership, traditional sales of easements on lands underwater to adjacent onshore property owners are consistent with this policy, provided such easements do not substantially interfere with continued public use of the public lands on which the easement is granted. Also, public use of such publicly-owned underwater lands and lands immediately adjacent to the shore shall be discouraged where such use would be inappropriate for reasons of public safety, military security, or the protection of fragile coastal resources.

The regulation of projects and structures, proposed to be constructed in or over lands underwater, is necessary to responsibly manage such lands, to protect vital assets held in the name of the people of the State, to guarantee common law and sovereign rights, and to ensure that waterfront owners’ reasonable exercise of riparian rights and access to navigable waters shall be consistent with the public interest in reasonable use and responsible management of waterways and such public lands for the purposes of navigation, commerce, fishing, bathing, recreation, environmental and aesthetic protection, and access to the navigable waters and lands underwater of the State.

The following guidelines will be used in determining the consistency of a proposed action with this policy:

  1. Existing access from adjacent or proximate public lands or facilities to existing public coastal lands and/or waters shall not be reduced, nor shall the possibility of increasing access in the future from adjacent or nearby public lands or facilities to public coastal lands and/or waters be eliminated, unless such actions are demonstrated to be of overriding regional or Statewide public benefit or, in the latter case, estimates of future use of these lands and waters are too low to justify maintaining or providing increased access.

    The following is an explanation of the terms used in the above guidelines:

    1. (See definitions under first policy of "access", and "public lands or facilities").

    2. A reduction in the existing or anticipated level of public access - includes, but is not limited, to the following:

      1. Pedestrian access is diminished or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities.

      2. Pedestrian access is diminished or blocked completely by public or private development.

    3. An elimination of the possibility of increasing public access in the future - includes, but is not limited to, the following:

      1. Construction of public facilities which physically prevent the provision, except at great expense, of convenient public access to public coastal lands and /or waters

      2. Sale, lease, or other conveyance of public lands that could provide public access to public coastal lands and/or waters

      3. Construction of private facilities which physically prevent the provision of convenient public access to public coastal lands and/or waters from public lands and facilities

  2. The existing level of public access within public coastal lands or waters shall not be reduced or eliminated.

    1. A reduction or elimination in the existing level of public access - includes, but is not limited to, the following:

      1. Access is reduced or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities

      2. Access is reduced or blocked completely by any public developments

  3. Public access from the nearest public roadway to the shoreline and along the coast shall be provided by new land use or development, except where (a) it is inconsistent with public safety, military security, or the protection of identified fragile coastal resources; (b) adequate access exists within one-half mile; or (c) agriculture would be adversely affected. Such access shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the access way.

  4. The State will not undertake or directly fund any project which increases access to a water-related resource or facility that is not open to all members of the public.

  5. In their plans and programs for increasing public access, State agencies shall give priority in the following order to projects located: within the boundaries of the Federal-Aid Metropolitan Urban Area and served by public transportation; within the Federal-Aid Metropolitan Urban Area but not served by public transportation; outside the defined Urban Area boundary and served by public transportation; and outside the defined Urban Area boundary but not served by public transportation.

  6. Proposals for increased public access to coastal lands and waters shall be analyzed according to the following factors:

    1. The level of access to be provided should be in accord with estimated public use. If not, the proposed level of access to be provided shall be deemed inconsistent with the policy.

    2. The level of access to be provided shall not cause a degree of use which would exceed the physical capability of the coastal lands or waters. If this were determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy.

  7. In making any grant, lease, permit, or other conveyance of land now or formerly underwater, there shall be reserved such interests or attached such conditions to preserve the public interest in the use of state-owned lands underwater and waterways for navigation, commerce, fishing, bathing, recreation, environmental protection, and access to the navigable waters of the state. In particular, the granting of publicly owned underwater or formerly underwater lands to private entities will be limited to exceptional circumstances only.


Recreation Policies


Policy 21

Water dependent and water enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast.


Explanation of Policy

Water-related recreation includes such obviously water dependent activities as boating, swimming, and fishing as well as certain activities which are enhanced by a coastal location and increase the general public's access to the coast such as pedestrian and bicycle trails, picnic areas, scenic overlooks and passive recreation areas that take advantage of coastal scenery.

Provided the development of water-related recreation is consistent with the preservation and enhancement of such important coastal resources as fish and wildlife habitats, aesthetically significant areas, historic and cultural resources, agriculture and significant mineral and fossil deposits, and provided demand exists, water-related recreation development is to be increased and such uses shall have a higher priority than any non-coastal dependent uses, including non-water-related recreation uses. In addition, water dependent recreation uses shall have a higher priority over water-enhanced recreation use. Determining a priority among coastal dependent uses will require a case by case analysis.

Among priority areas for increasing water-related recreation opportunities are those areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and those areas where the use of the shore is severely restricted by highways, railroads, industry, or other forms of existing intensive land use or development. The Department of State, working with the Office of Parks, Recreation, and Historic Preservation and with local governments, will identify communities whose use of the shore has been so restricted and those sites shoreward of such developments which are suitable for recreation and can be made accessible. Priority shall be given to recreational development of such lands.

The siting or design of new public development in a manner which would result in a barrier to the recreational use of a major portion of a community's shore should be avoided as much as practicable.

Among the types of water dependent recreation, provision of adequate boating services to meet future demand is to be encouraged by this Program. The siting of boating facilities must be consistent with preservation and enhancement of other coastal resources and with their capacity to accommodate demand. The provision of new public boating facilities is essential in meeting this demand, but such public actions should avoid competition with private boating development. Boating facilities will, as appropriate, include parking, park-like surroundings, toilet facilities, and pumpout facilities. Harbors of Refuge are particularly needed along Lake Erie and Lake Ontario. There is a need for a better positional pattern of boating facilities to correct problems of overused, insufficient, or improperly sited facilities.

Water-related off-road recreational vehicle use is an acceptable activity; provided no adverse environmental impacts occur. Where adverse environmental impact will occur, mitigating measures will be implemented, where practicable to minimize such adverse impacts. If acceptable mitigation is not practicable, prohibition of the use by off-road recreational vehicles will be posted and enforced. Ground water contamination presents a threat to Fire Island National Seashore water resources.

Plattsburgh Comment: Existing boating and waterfront recreational facilities will be maintained and expanded, new boating and fishing access will be created in appropriate locations. However, as mentioned in the comment on Policy 4, there are stable residential areas in specific locations along the shoreline in the WRA and these areas should remain in private use.

As part of the effort to protect and restore fish and wildlife habitat (See Policy 7), the City will endeavor to include natural resource and habitat interpretation in all trail developments.

As stated in the Inventory and Analysis, there are several areas of high natural resource value in the LWRP boundary. These include the wetlands near Scomotion Creek, the floodplain associated with the Saranac River, the Saranac River itself, and Lake Champlain. It is important that any recreational or general access projects proposed in these areas are designed to be compatible with the ecological considerations on the site. The following guidelines are intended to be considered in the identification and design of such recreation facilities.

  1. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects:

    1. Intensity of the associated recreational, scientific, or educational activity.

    2. Level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: motorized activities; active, non-motorized activities, including water-dependent and water-related uses; passive activities; and avoidance of the area.

    3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area.

  2. Limit public access and recreational activities where uncontrolled public use would lead to impairment of natural resources.

    1. Establish appropriate seasonal limitations on access and recreation in order to minimize adverse impacts on fish and wildlife species.

    2. Provide stewardship which is capable of controlling anticipated adverse impacts before providing public access.

    3. Physically limit or avoid provision of public access to natural resource areas whose principal values are based on the lack of human disturbance, such as the escarpment in the south portion of the LWRP lake coast area.

    4. Provide educational, interpretive, research, and passive uses of natural resources through appropriate design and control of public access and recreation.

  3. Provide public access for fish and wildlife resource related activities, including fishing, provided that the level of access would not result in a loss of resources necessary to continue supporting these uses.

  4. Provide access using methods and structures which maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on:

    1. The value of the open space as indicated by continuous size or mass of the wetland or other natural resources, distance to navigable water, and wetland value, and

    2. The size, length, and design of proposed structures.


      Policy 22

      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.


      Explanation of Policy

      Many developments present practical opportunities for providing recreation facilities as an additional use of the site or facility. Therefore, whenever developments are located adjacent to the shore they should to the fullest extent permitted by existing law provide for some form of water-related recreation use unless there are compelling reasons why any form of such recreation would not be compatible with the development, or a reasonable demand for public use cannot be foreseen.

      The types of development which can generally provide water-related recreation as a multiple use include, but are not limited to:

      • parks

      • highways

      • power plants

      • utility transmission rights of way

      • sewage treatment facilities

      • mental health facilities*

      • hospitals*

      • prisons*

      • schools, universities*

      • military facilities*

      • nature preserves*

      • large residential subdivisions (50 units)

      • shopping centers

      • office buildings

      * The types of recreation uses likely to be compatible with these facilities are limited to the more passive forms, such as trails or fishing access. In some cases, land areas not directly or immediately needed by the facility could be used for recreation.


      Prior to taking action relative to any development, State agencies should consult with the State Office of Parks, Recreation, and Historic Preservation, and if there is an approved local waterfront program, with the municipality in which the development is to locate, to determine appropriate recreation uses. The agency should provide OPRHP and the municipality with the opportunity to participate in project planning.

      Appropriate recreational uses which do not require any substantial additional construction shall be provided at the expense of the project sponsor provided the cost does not exceed 2% of total project cost.

      In determining whether compelling reasons exist which would make inadvisable recreation as a multiple use, safety considerations should recognize that some risk is acceptable in the use of recreation facilities.

      Whenever a proposed development would be consistent with CMP policies and the development could, through the provision of recreation and other multiple uses, significantly increase public use of the shore, then such development should be encouraged to locate adjacent to the shore (this situation would generally only apply within the more developed portions of urban areas).


      Historic and Scenic Resource Policies


      Policy 23

      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.


      Explanation of Policy

      Among the most valuable of the State's man-made resources are those structures or areas which are of historic, archaeological, or cultural significance. The protection of these structures must recognize their importance to all agencies and the ability to identify and describe them. Protection must include concern not just with specific sites but with areas of significance, and with the area around specific sites. The policy is not to be construed as a passive mandate but must include active efforts, when appropriate, to restore or revitalize through adaptive reuse. While the program is concerned with the preservation of all such resources within the coastal boundary, it will actively promote the preservation of historic and cultural resources which have a coastal relationship.

      The structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the Nation comprise the following resources:

      1. A resource, which is in a federal or State park established, among other reasons, to protect and preserve the resource

      2. A resource on, nominated to be on, or determined eligible to be on the National or State Registers of Historic Places

      3. A resource on or nominated to be on the State Nature and Historic Preserve Trust

      4. An archaeological resource which is on the State Department of Education's inventory of archaeological sites

      5. A local landmark, park, or locally designated historic district which is located within the boundary of an approved local waterfront revitalization program

      6. A resource that is a significant component of an Urban Cultural Park

All practicable means to protect structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities or the Nation shall be deemed to include the consideration and adoption of any techniques, measures, or controls to prevent a significant adverse change to such significant structures, districts, areas or sites. A significant adverse change includes but is not limited to:

  1. Alteration of or addition to one or more of the architectural, structural, ornamental or functional features of a building, structure, or site that is a recognized historic, cultural, or archaeological resource, or component thereof. Such features are defined as encompassing the style and general arrangement of the exterior of a structure and any original or historically significant interior features including type, color and texture of building materials, entry ways and doors, fenestration, lighting fixtures, roofing, sculpture and carving, steps, rails, fencing, windows, vents and other openings, grillwork, signs, canopies, and other appurtenant fixtures and, in addition, all buildings, structures, outbuildings, walks, fences, steps, topographical features, earthworks, paving and signs located on the designated resource property. (To the extent they are relevant, the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" shall be adhered to.)

  2. Demolition or removal in full or part of a building, structure, or earthworks that is a recognized historic, cultural, or archaeological resource or component thereof, to include all those features described in (a) above plus any other appurtenant fixtures associated with a building, structure or earthwork.

  3. All proposed actions within 500 feet of the perimeter of the property boundary of the historic, architectural, cultural, or archaeological resource and all actions within an historic district that would be incompatible with the objective of preserving the quality and integrity of the resource. Primary considerations to be used in making judgment about compatibility should focus on the visual and location relationship between the proposed action and the special character of the historic, cultural, or archaeological resource. Compatibility between the proposed action and the resource means that the general appearance of the resource should be reflected in the architectural style, design material, scale, proportion, composition, mass, line, color, texture, detail, setback, landscaping and related items of the proposed actions. With historic districts, this would include infrastructure improvements or changes, such as street and sidewalk paving, street furniture and lighting.

    This policy shall not be construed to prevent the construction, reconstruction, alteration, or demolition of any building, structure, earthworks, or component thereof of a recognized historic, cultural or archaeological resource which has been officially certified as being imminently dangerous to life or public health. Nor shall the policy be construed to prevent the ordinary maintenance, repair, or proper restoration according to the U.S. Department of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" of any building, structure, site or earthwork, or component thereof of a recognized historic, cultural or archaeological resource which does not involve a significant adverse change to the resource, as defined above.

    Policy 24

    Prevent impairment of scenic resources of statewide significance.


    Explanation of Policy:

    The Coastal Management Program identifies and maps Scenic Resources of Statewide Significance. The following general criteria are combined to determine significance:

    Quality The basic elements of design (i.e., two-dimensional line, three-dimensional form, texture and color) combine to create all high quality landscapes. The water, landforms, and human-made components of scenic coastal landscapes exhibit variety of line, form, texture and color. This variety is not, however, so great as to be chaotic. Scenic coastal landscapes also exhibit unity of components. This unity is not, however, so complete as to be monotonous. Example: the Thousand Islands where the mix of water, land, vegetative and human-made components creates interesting variety, while the organization of these same components creates satisfying unity.

    Often, high quality landscapes contain striking contrasts between lines, forms, textures and colors. Example: A waterfall where horizontal and vertical lines and smooth and turbulent textures meet in dramatic juxtaposition.

    Finally, high quality landscapes are generally free of discordant features, such as structures or other elements which are inappropriate in terms of siting, form, scale, and/or materials.

    Uniqueness The uniqueness of high quality landscapes is determined by the frequency of occurrence of similar resources in a region of the state or beyond.

    Public Accessibility A Scenic Resource of Significance must be visually and, where appropriate, physically accessible to the public.

    Public Recognition Widespread recognition of a Scenic Resource is not a characteristic intrinsic to the resource. It does, however, demonstrate people's appreciation of the resource for its visual, as well as evocative, qualities. Public recognition serves to reinforce analytic conclusions about the significance of a resource.

    When considering a proposed action, agencies shall first determine whether the action could affect a Scenic Resource of Statewide Significance. This determination would involve: 1) a review of the coastal area map to ascertain if it shows an identified Scenic Resources which could be affected by the proposed action, and 2) a review of the types of activities proposed to determine if they would be likely to impair the scenic beauty of an identified resource. Impairment will include: (i) the irreversible modification of geologic forms; the destruction or removal of vegetation; the modification, destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and (ii) the addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource.

    The following siting and facility-related guidelines are to be used to achieve this policy, recognizing that each development situation is unique and that the guidelines will have to be applied accordingly. Guidelines include:

    1. siting structures and other development such as highways, power lines, and signs, back from shorelines or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore;

    2. clustering or orienting structures to retain views, save open space and provide visual organization to a development;

    3. incorporating sound, existing structures (especially historic buildings) into the overall development scheme;

    4. removing deteriorated and/or degrading elements;

    5. maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest;

    6. maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site, and obscure unattractive elements, except when selective clearing removes unsightly, diseased or hazardous vegetation and when selective clearing creates views of coastal waters;

    7. using appropriate materials, in addition to vegetation, to screen unattractive elements;

    8. using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

Plattsburgh Comment: This policy is not applicable to the City of Plattsburgh WRA, as it does not include Scenic Areas of Statewide Significance.


Policy 25

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.


Explanation of Policy

When considering a proposed action which would not affect a Scenic Resource of Statewide Significance, agencies shall ensure that the action would be undertaken so as to protect, restore or enhance the overall scenic quality of the coastal area. Activities which could impair or further degrade scenic quality are the same as those cited under the previous policy, i.e., modification of natural landforms, removal of vegetation, etc. However, the effects of these activities would not be considered as serious for the general coastal area as for significant scenic areas.

The siting and design guidelines listed under the previous policy should be considered for proposed actions in the general coastal area. More emphasis may need to be placed on removal of existing elements, especially those which degrade, and on addition of new elements or other changes which enhance. Removal of vegetation at key points to improve visual access to coastal waters is one such change which might be expected to enhance scenic quality.

Plattsburgh Comment:

Plattsburgh's waterfront is characterized by smaller-scale urban development, transportation arteries, and underutilized open space shoreline tracts; many waterfront parcels are current or former industrial parcels with potential for redevelopment. The most important visual concern is the view of Lake Champlain from the City and views of the city from various waterfront points. Elements impacting these views include deteriorated and abandoned structures, unkempt parcels, and unplanned (or poorly planned) siting. In addition to loss of opportunities for physical access mentioned in the explanation of Policy 25, visual access has also been diminished due to blocked views or the elimination of vantage points.

When considering a proposed action, care shall be given to protecting and enhancing the overall scenic quality of the waterfront. Any commercial or industrial use to be located along the shoreline, for example, shall be provided with appropriate fencing, screening and/or landscaping sufficient to mitigate any negative visual impacts. In addition, junkyards, outdoor storage lots, and parking lots which front on the public right-of-ways or residential districts shall be screened in an appropriate manner. The City should also work to improve interpretive access at key viewpoints, providing appropriate signage and information such as descriptions of Revolutionary War and War of 1812 naval

battles, explanations of wetlands, other microclimates and geological features, and the City's commercial and industrial development.

Scenic values associated with natural resources such as the views of the Green Mountains and the abundant wetlands and related open space, and shorelines in natural conditions all contribute to scenic quality.

A. The following measures are useful in protecting natural scenic values:

  1. Maintain or restore original landforms except where altered landforms provide useful screening or contribute to scenic quality.

  2. Avoid structures or activities which introduce visual interruptions to natural landscapes including: introduction of intrusive artificial light sources, fragmentation of and structural intrusion into open space areas, and changes to the continuity and configuration of natural shorelines and associated vegetation.

    Maintaining and expanding visual access to the waterfront is important to the City of Plattsburgh. Views of the waterfront not only enhance the character of the WRA, but increase property values for properties near, but not on, the waterfront, thereby encouraging economic growth. The intent of the City is two-fold:

    1. Avoid loss of existing visual access:

      1. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures.

      2. Protect view corridors provided by streets and other public areas leading to the coast.

      3. Protect visual access to open space areas associated with natural resources.

    2. Minimize adverse impact on visual access:

      1. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points.

      2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views.

      3. Visual access requirements may be reduced where site conditions, including vegetative cover or natural protective features, block potential views.

      4. Vegetative or structural screening of an industrial or commercial waterfront site is allowed if the resulting overall visual quality outweighs the loss of visual access.

    3. Provide compensatory mitigation for loss of visual access:

      1. Provide public visual access from vantage points on the site where development of the site blocks visual access from inland public vantage points.

      2. Provide for additional and comparable visual access at nearby locations if physical access cannot be provided on-site.

    4. Increase visual access to the waterfront whenever practical:

  1. Provide pull-offs along public roads at appropriate locations to enhance opportunities for visual access to waterfront lands and waters.

  2. Provide interpretative exhibits at appropriate locations for visual access to enhance public understanding and enjoyment of views of waterfront lands and waters and its associated water-dependent uses.

  3. Provide visual access to areas of high visual quality including community waterfronts, water-dependent uses, natural resources, and panoramas of the Lake and River.


Agricultural Lands Policy


Policy 26

Conserve and protect agricultural lands in the state's coastal area.


Explanation of Policy

The first step in conserving agricultural lands is the identification of such lands. The Department of State is mapping all important agricultural lands within the State's coastal area. The following criteria have been used to prepare the maps, and the mapped information will be incorporated in the New York State Coastal Resources Inventory and on the Coastal Area Map.

Land meeting any of the following criteria is being mapped.44

  1. Land which meet the definition of the U.S. Department of Agriculture as being prime farmland, unique farmland, or farmland of statewide importance.

    1. Prime farmland is defined by USDA Soil Conservation Service in CRF #7 Agriculture Part 657.5(a), January 1979. A list of the soil associations that meet this definition has been prepared for each coastal county.45

    2. Unique farmland is defined by USDASCS in CRF #7 Agriculture Part 657.5(b). In the coastal area of New York all fruit and vegetable farming meets the terms of the definition.

    3. Farmland of Statewide importance is defined by USDASCS in CRF #7 Agriculture Part 656.5(c). Lists of soil associations which constitute farmland of statewide importance have been prepared for each coastal county.

  2. Active farmland within Agricultural Districts. The maps of each Agricultural District show land committed by farmers. This is the land that will be mapped as active farmland. The district boundary will also be shown.


    image


    44 N.Y.S. Public Authority Law, Article 3, Title 3.


    45 After mapping according to this definition was substantially completed, the NYS Department of Agriculture and Markets completed development of a new agricultural land classification system. As soon as is practical, the following definition will be the basis for revising the maps of coastal agricultural land. Important agricultural land shall include all land within an agricultural district or subject to an eight-year commitment that has been farmed within at least two of the last five years, or any land farmed within at least two of the last five years in soil groups 1-4 as classified by the Land Classification System established by the NYS Department of Agriculture and Markets, or any land farmed within at least two of the last five years that is influenced by climate conditions and that support the growth of high value crops. Additionally, agricultural land not meeting the above criteria but located adjacent to any such land and forming part of an on-going agricultural enterprise shall be considered important agricultural land.

  3. Areas identified as having high economic viability for farming. Any farm not identified above in1 and/or 2, and which is located in an area identified as having "high viability" on the map entitled "Economic Viability of Farm Areas" prepared by the Office of Planning Coordination in May, 1969. This would be the basis for initial identification of areas having high economic viability for farming. Areas will be added and/or deleted based on comments from the agricultural community.

  4. Areas adjacent to land identified above in 1, when are being farmed and are part of a farm with identified important agricultural lands.

  5. Prime farmland, unique farmland, and farmland of statewide significance will not be identified as important agricultural land whenever it occurs as parcels of land less than 25 acres in size and these small parcels are not within a mile of areas of active farming.

Given the Program's application to a narrow strip of land, implementing a policy of promoting agricultural use of land must, to be practical, concentrate on controlling the replacement of agricultural land uses with non-agricultural land use as the result of some public action. The many other factors such as markets, taxes, and regulations, which influence the viability of agriculture in a given area, can only be addressed on a Statewide or national basis.

The Program policy requires a concern for the loss of any important agricultural land. However, the primary concern must be with the loss of agricultural land when that loss would have a significant effect on an agricultural area's ability to continue to exist, to prosper, and even to expand. A series of determinations are necessary to establish whether a public action is consistent with the conservation and protection of agricultural lands, or whether it is likely to be harmful to the health of an agricultural area. In brief, these determinations are as follows: First, it must be determined whether a proposed public action would result in the loss of important agricultural lands as mapped in on the Coastal Inventory. If it would not result, either directly or indirectly, in the loss of identified important agricultural lands, then the action is consistent with the policy on agriculture. If it is determined that the action would result in a loss of identified important agricultural lands, but that loss would not have an adverse effect of the viability of agriculture in the surrounding area, then the action may also be consistent with this policy. However, in that case, the action must be undertaken in a manner that would minimize the loss of important farmland. If the action is determined to result in a significant loss of important agricultural land, that is if the loss is to a degree sufficient to adversely affect surrounding agriculture's viability -- its ability to continue to exist, to prosper, and even to expand -- then the action is not consistent with this agriculture policy.

The following guidelines define more fully what must be considered in making the above determinations:

  1. A public action would be likely to significantly impair the viability of an agricultural area in which identified important agricultural lands are located if:

    1. The action would occur on identified important agricultural land and would:

      1. Consume more than 10% of the land of an active farm46 containing such identified important agricultural lands

      2. Consume a total of 100 acres or more of identified important agricultural land, or

      3. Divide an active farm with identified important agricultural land into two or more parts, thus impeding efficient farm operation


        image


        46 A farm is defined as an area of at least 10 acres devoted to agricultural production as defined in the Agricultural District Law and from which agricultural products have yielded gross receipts of $10,000 in the past year.

    2. The action would result in environmental changes which may reduce the productivity or adversely affect the quality of the product of any identified important agricultural lands.

    3. The action would create real estate market conditions favorable to the conversion of large areas of identified important agricultural land to non-agricultural uses. Such conditions may be created by:

      1. Public water or sewer facilities to serve non-farm structures.

      2. Transportation, improvements, except for maintenance of, and safety improvements to, existing facilities that serve non-farm or non-farm related development

      3. Major non-agribusiness commercial development adjacent to identified agricultural lands

      4. Major public institutions

      5. Residential uses other than farm dwellings

      6. Any change in land use regulations applying to agricultural land which would encourage or allow uses incompatible with the agricultural use of the land

  2. The following types of facilities and activities should not be construed as having adverse effects on the preservation of agricultural land:

    1. Farm dwellings, barns, silos, and other accessory uses and structures incidental to agricultural production or necessary for farm family supplemental income.

    2. Agribusiness development, which includes the entire structure of local support services and commercial enterprises necessary to maintain an agricultural operation, e.g., milk hauler, grain dealer, farm machinery dealer, veterinarian, food processing plants.

  3. In determining whether an action that would result in the loss of farmland is of overriding regional or statewide benefit, the following factors should be considered:

    1. For an action to be considered overriding, it must be shown to provide significantly greater benefits to the region or State than are provided by the affected agricultural area (not merely the land directly affected by the action). In determining the benefits of the affected agriculture to the region or State, consideration must be given to its social and cultural value, its economic viability, its environmental benefits, its existing and potential contribution to food or fiber production in the State and any State food policy, as well as its direct economic benefits.

      1. An agricultural area is an area predominantly in farming and in which the farms produce similar products and/or rely on the same agribusiness support services and are to be a significant degree economically interdependent. At a minimum, this area should consist of at least 500 acres of identified important agriculture land. For the purpose of analyzing impacts of any action on agriculture, the boundary of such area need not be restricted to land within the coastal boundary. If the affected agricultural lands lie within an agricultural district then, at a minimum, the agricultural area should include the entire agricultural district.

      2. In determining the benefits of an agricultural area, its relationship to agricultural lands outside the area should also be considered.

      3. The estimate of the economic viability of the affected agricultural area should be based on an assessment of:

        1. soil resources, topography, conditions of climate and water resources

        2. availability of agribusiness and other support services, and the level and condition of investments in farm real estate, livestock and equipment

        3. the level of farming skills as evidenced by income obtained, yield estimates for crops, and costs being experienced with the present types and conditions of buildings, equipment, and cropland

        4. use of new technology and the rates at which new technology is adopted

        5. competition from substitute products and other farming regions and trends in total demand for given products

        6. patterns of farm ownership for their effect on farm efficiency and the likelihood that farms will remain in use

      4. The estimate of the social and cultural value of farming in the area should be based on an analysis of:

        1. the history of farming in the area

        2. the length of time farms have remained in one family

        3. the degree to which farmers in the area share a cultural or ethnic heritage iv the extent to which products are sold and consumed locally

        v the degree to which a specific crop(s) has become identified with a community

      5. An estimate of the environmental benefits of the affected agriculture should be based on analysis of:

      1. the extent to which the affected agriculture as currently practiced provides a habitat or food for wildlife

      2. the extent to which a farm landscape adds to the visual quality of an area

      3. any regional or local open space plans, and degree to which the open space contributes to air quality

      4. the degree to which the affected agriculture does, or could, contribute to the establishment of a clear edge between rural and urban development

  4. Whenever a proposed action is determined to have an insignificant adverse effect on identified important agricultural land or whenever it is permitted to substantially hinder the achievement of the policy according to DOS regulations, Part 600, or as a result of the findings of an EIS, then the required minimization should be undertaken in the following manner:

    1. The proposed action shall, to the extent practicable, be sited on any land not identified as important agricultural, or, if it must be sited on identified important agricultural land, sited to avoid classes of agricultural land according to the following priority:

      1. prime farmland in orchards or vineyards

      2. unique farmland in orchard or vineyards

      3. other prime farm land in active farming

      4. other unique farmland

      5. farmland of Statewide importance in active farming.

      6. active farmland identified as having high economic viability

      7. prime farmland not being farmed

      8. farmland of Statewide importance not being farmed

    2. To the extent practicable, agricultural use of identified important agricultural land not directly necessary for the operation of the proposed non-agricultural action should be provided for through such means as lease arrangements with farmers, direct undertaking of agriculture, or sale of surplus land to farmers. Agricultural use of such land shall have priority over any other proposed multiple use of the land.

Plattsburgh Comment:

This policy is not applicable in the City of Plattsburgh. There are no NYS Agricultural Districts within the Waterfront Revitalization Area.


Energy and Ice Management Policies


Policy 27

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.


Explanation of Policy

New York’s overall annual energy demand has begun to flatten over time, in part due to the success of State and utility energy efficiency programs. However, peak load (the highest amount of energy consumption in a given year) has continued to increase at a more rapid pace.47 Renewable power sources—hydro, solar, wind, and other carbon- free solutions—also continue to grow as a share of the total energy produced in the State.48 Significant investments in the billions of dollars are needed to replace New York’s aging electric transmission and distribution infrastructure just to meet currently projected energy demand.49 To respond to these significant shifts in the State’s energy infrastructure, State energy policies are being designed to maintain energy system reliability during peak load in ways that improve the grid’s overall system efficiency, from both energy transmission and capital investment perspectives.50

The New York State energy planning process provides a comprehensive framework for improving the State’s energy system, addressing issues such as environmental impacts, resiliency, and affordability.51 Key areas of focus for New


image


47 2015 New York State Energy Plan, Vol. 1, p. 27.


48 2015 New York State Energy Plan, Vol. 1, p. 10.


49 2015 New York State Energy Plan, Vol. 1, pp. 25-26.


50 2015 New York State Energy Plan, Vol. 1, p. 27.


51 2015 New York State Energy Plan, Vol. 1, p. 9.

York’s energy planning and implementation policies include integration of renewable energy generation; local energy generation that can foster both economic prosperity and environmental stewardship; seeking innovative energy solutions across the State’s public facilities and operations; increasing energy efficiency; and decreasing greenhouse gas emissions.52 New York’s energy policy is also central to how the State responds to the challenges presented by a changing climate. New York State’s energy planning recognizes that extreme weather events demand more resilient energy infrastructure, and that climate change presents both challenges and opportunities to lead and innovate.53

A determination of public need for energy is the first step in the process for siting new facilities. The directives for determining this need are contained primarily in Article 6 of the New York State Energy Law. That Article requires the preparation of a State Energy Plan. With respect to transmission lines and the siting of major electric generating facilities, Articles 7 and 10 of the State’s Public Service Law require additional forecasts and establish the basis for determining the compatibility of these facilities with the environment and the necessity for providing additional electric capacity. The policies derived from the siting regulations under these Articles are entirely consistent with the general coastal zone policies derived from other laws, particularly the regulations promulgated pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Law. That law is used for the purposes of ensuring consistency with the Coastal Management Program.

The Department of State will present testimony for the record during relevant certification proceedings under Articles 7 and 10 of the Public Service Law when appropriate; and use the State SEQR and DOS regulations to ensure that decisions regarding other proposed energy facilities (not subject to Articles 7 and 10 of the Public Service Law) that would affect the coastal area are consistent with coastal policies.


Policy 28

Ice management practices shall not interfere with the production of hydroelectric power, damage significant fish and wildlife and their habitats, or increase shoreline erosion or flooding.


Explanation of Policy

Prior to undertaking actions required for ice management, an assessment must be made of the potential effects of such actions upon the production of hydro-electric power, fish and wildlife and their habitats as will be identified in the Coastal Area Maps, flood levels and damage, rates of shoreline erosion damage, and upon natural protective features.

Following such an examination, adequate methods of avoidance or mitigation of such potential effects must be utilized if the proposed action is to be implemented.

Plattsburgh Comment: Most of the City of Plattsburgh's energy is hydroelectricity that comes from Niagara Falls as part of the Niagara Power Project. There are no current or proposed hydroelectric power facilities in the WRA. This policy does not apply to the City of Plattsburgh.


Policy 29

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


image


52 2015 New York State Energy Plan, Vol. 1, p. 7; 2015 New York State Energy Plan, Vol. 1, p. 11.


53 2015 New York State Energy Plan, Vol. 1, p. 17.

recreational fishing and maritime commerce, and the ecological functions of habitats important to New York.


Explanation of Policy

The science of ecosystem connections between the coastal zone and offshore areas is increasingly better understood. The offshore environment is an ongoing focus of policy development at national, regional, and state levels. Within this context, New York seeks to accommodate longstanding offshore industries, such as commercial and recreational fishing and maritime commerce, while at the same time ensuring the ecological functioning of habitats important to New York, as the State considers the need for new offshore resource development and uses to occur.

While New York State has jurisdiction in its offshore waters, matters pertaining to the OCS are under the jurisdiction of the federal government. However, offshore resource development and other uses on the OCS may affect coastal resources and uses important to New York. Consequently, the Department of State actively participates in OCS planning and decision making processes pursuant to the federal Outer Continental Shelf Lands Act and the Deepwater Port Act, among other federal statutes, and reviews and voices the State’s concerns about federal OCS activities, licenses, permits, lease sales, plans, and other uses and activities. The federal government increasingly has invited State participation in offshore planning and decision-making processes. New York will continue to review and analyze federal licensing and permitting activities for federal consistency, including activities in offshore areas outside New York’s coastal zone. Proponents of offshore activities should use available offshore data to identify and reduce the potential effects on New York’s coastal resources, activities and uses. Project proponents should consider the compatibility with, and seek to accommodate, the existing presence of resources, activities and uses that are important to the coastal area of New York State.

In addition to the development of energy resources and the siting of energy facilities, offshore uses of particular concern to New York State because of their potential effects on State coastal uses and resources include, but are not limited to: fisheries management; aquaculture; sand and gravel mining; military readiness training and related exercises; changes or upgrades to established navigation patterns and infrastructure, including the re-routing of existing navigation lanes and the location, placement or removal of navigation devices which are not part of the routine operations under the Aids to Navigation (ATON) program; permits for deepwater ports; the identification of interim or permanent open-water dredged material disposal sites; the intentional submergence of vessels and other structures, including for the purpose of creating artificial reefs; the creation of human-made islands, tidal barriers, or the installation of other fixed structures; scientific research activities; and exploration and identification of potential resources for extraction, such as biopharmaceutical products.

In its review of proposed activities, licenses, permits, lease sales and plans in the Atlantic OCS and New York State coastal waters, the Department of State works with state and federal agencies to considers a number of factors, including but not limited to: the potential effects upon maritime traffic, including navigational safety leading into and from New York’s ports; the potential for increased port development and economic activity; aspects of national security; the effects on important finfish, crustaceans, shellfish, seabirds, marine mammals, and other wildlife populations and their spawning, wintering, and foraging habitats and migrating corridors; impacts on biological communities and biodiversity; ecological functioning of ecosystems; economic and other effects upon commercial and recreational fishing activities; impacts upon tourism and public recreational resources and opportunities along the coasts and offshore; the potential for geo-hazards; water quality; and overall effects on the resilience of New York’s coastal uses and resources.

Of special significance, New York State recognizes the need to develop energy resources, particularly those that contribute to achieving the State’s energy goals, including greenhouse gas reduction. It also recognizes that any energy development may have reasonably foreseeable effects on existing coastal uses and resources. Among the various energy resources under consideration for development are those which may be found in offshore waters within the state’s territorial limit or the Atlantic Outer Continental Shelf (OCS). There are currently no active licenses, permits, lease sales or plans for oil and gas exploration or production in the waters offshore New York State.

The State encourages the responsible development of renewable energy resources. Wind, wave, tidal, and water current resources located offshore New York are an increasing focus of development interest, which may continue to grow as projects become more technologically feasible. Offshore renewable wind energy development is a use which depends on the utilization of resources found in coastal waters. The State recognizes offshore projects directly interconnected to the New York electrical grid as qualifying for eligibility as a dependent use at the same level as though the facility were located within the State.

Plattsburgh Comment: This policy is not applicable to the City of Plattsburgh WRA, as it does not include offshore, ocean, or coastal zone areas.


Water and Air Resources Policies


Policy 30

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.


Explanation of Policy

Municipal, industrial and commercial discharges include not only "end-of-the pipe" discharges into surface and groundwater but also plant site runoff, leaching, spillages, sludge and other waste disposal, and drainage from raw material storage sites. Also, the regulated industrial discharges are both those which directly empty into receiving coastal waters and those which pass through the municipal treatment systems before reaching the State's waterways.

Plattsburgh Comment:

The intent of this policy is to protect people from sources of contamination and to protect the waterfront area’s resources from degradation through proper control and management of wastes and hazardous materials.

Toxic substances include elements, chemicals or chemical compounds that can poison living plants and animals, including humans. While some toxic substances come from natural sources, the increasing use of chemicals in manufacturing processes for agriculture and in our daily lives may be threatening the quality of Lake Champlain waters. According to the Lake Champlain Basin Program, most toxic substances found in the Lake occur at levels that do not pose a known threat to human health. However, the program's "Sediment Toxics Assessment Program" identified Cumberland Bay as a "site of concern" regarding levels of toxicity within the Lake. Toxic substances found within the Bay included PCBs, PAHs, Copper and Zinc. The City should therefore encourage and support all efforts to reduce the introduction of toxic materials into Lake Champlain from local industries, the sewage treatment plant, and the former Air Base lands.54


Policy 31

State coastal area policies and management objectives of approved Local Waterfront Revitalization Programs will be considered while reviewing coastal water classifications and while modifying


image


54 For additional guidance, see Opportunities for Action, An Evolving Plan for the Future of the Lake Champlain Basin, Draft, October, 1994, Toxics, pp. 1-13.

water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint.


Explanation of Policy

Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) the State has classified its coastal and other waters in accordance with considerations of best usage in the interest of the public and has adopted water quality standards for each class of waters. These classifications and standards are reviewable at least every three years for possible revision or amendment. Local Waterfront Revitalization Programs and State coastal management policies shall be factored into the review process for coastal waters. However, such consideration shall not affect any water pollution control requirement established by the State pursuant to the federal Clean Water Act.

The State has identified certain stream segments as being either "water quality limiting" or "effluent limiting." Waters not meeting State standards and which would not be expected to meet these standards even after applying "best practicable treatment" to effluent discharges are classified as "water quality limiting". Those segments meeting standards or those expected to meet them after application of "best practicable treatment" are classified as "effluent limiting," and all new waste discharges must receive "best practicable treatment." However, along stream segments classified as "water quality limiting", waste treatment beyond "best practicable treatment" would be required, and costs of applying such additional treatment may be prohibitive for new development.

Plattsburgh Comment:

The purpose of this policy is to protect the quantity and quality of water in the waterfront area. Water quality ratings of "C(T)" have been established by the New York State Department of Environmental Conservation for Lake Champlain, the Saranac River, and Dead Creek. A "C" rating indicates that the water is suitable for fishing and fish propagation; the "T" suffix indicates that the water bodies support trout. The present water quality classification for Lake Champlain and the Saranac River is consistent with the proposed land and water uses described in this Local Waterfront Revitalization Program. The uses proposed for the waterfront area are consistent with the provisions of these water quality ratings.


Policy 32

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.


Explanation of Policy

Alternative systems include individual septic tanks and other subsurface disposal systems, dual systems, small systems serving clusters of households or commercial users, and pressure or vacuum sewers. These types of systems are often more cost effective in smaller, less densely populated communities and for which conventional facilities are too expensive.


Policy 33

Best management practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters.


Explanation of Policy

Best management practices include both structural and non-structural methods of preventing or mitigating pollution caused by the discharge of stormwater runoff and combined sewer overflows. At present, structural approaches to controlling stormwater runoff (e.g., construction of retention basins) and combined sewer overflows (e.g., replacement of combined system with separate sanitary and stormwater collection systems) are not economically feasible. Proposed amendments to the Clean Water Act, however, will authorize funding to address combined sewer

overflows in areas where they create severe water quality impacts. Until funding for such projects becomes available, non-structural approaches (e.g., improved street cleaning, reduced use of road salt) will be encouraged.

Plattsburgh Comment:

Within the WRA, the following is suggested:

  1. Protect water quality by ensuring that watershed development results in: protection of areas that provide important water quality benefits; maintenance of natural characteristics of drainage systems, and protection of areas that are particularly susceptible to erosion and sediment loss.

  2. Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards.


Policy 34

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.


Explanation of Policy

All untreated sanitary waste from vessels is prohibited from being discharged into the State’s coastal waters. Where coastal resources or activities require greater protection than afforded by this requirement the State may designate vessel waste no discharge zones. Within these no discharge zones the discharge of all vessel waste whether treated or not is prohibited. A determination from EPA that an adequate number of vessel waste pumpout stations exists is necessary before the State can designate a no discharge zone. The State prepared a Clean Vessel Act Plan which identifies the coastal waters for which no discharge zones are needed and the number of vessel waste pump outs required to obtain the determination from EPA. The discharge of other wastes from vessels is limited by State law.

Plattsburgh Comment:

The discharge of sewage, garbage, and other wastes from boats at Plattsburgh Boat Basin Marina, the City Marina, and moorings and launch sites throughout Cumberland Bay can adversely affect water quality and is regulated by State law. In order to minimize such discharges, marinas shall be required to provide sewage pump-out facilities. As a general guide, at least one pumpout station and dump station should be provided for every 300 to 600 boats over 16 feet in length overall; it is suggested that marinas with 50 slips or more that are capable of mooring 26 feet + boats have access to at least one pumpout station, and marinas with 50 slips or more that are capable of mooring 16-26 feet boats have access to at least one dump station. Dump stations should be sited in conjunction with pumpout stations, but should also be located where there are no pumpout stations but where boats with portable toilets congregate or are used, such as launching ramps.55

Pumpout and dump station facilities shall be available to all boaters, regardless of whether they are patrons of the marina. In addition, marinas shall also provide rest rooms to further discourage the overboard discharge of sewage from boats. As noted by the Lake Champlain Basin Program, this is of particular concern in the northernmost areas of Lake Champlain, owing to less regulation in Canada and a greater population of Canadian vessels in these areas.


image


55 Additional guidance concerning dump station and pumpout facilities can be found in the Federal Register, Vol. 59, No. 47, Thursday, March 10, 1994 "Notices" p. 11297.

Policy 35

Dredging and filling in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing State dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands.


Explanation of Policy

Dredging, filling, and dredge material disposal are activities that are needed for waterfront revitalization and development, such as maintaining navigation channels at sufficient depths, pollutant removal, and other coastal management needs. Such projects, however, may adversely affect water quality, fish and wildlife habitats, wetlands, and other important coastal resources. Often these adverse effects can be minimized through careful design and timing of the dredging or filling activities, proper siting of dredged material disposal sites, and the beneficial use of dredged material. Such projects shall only be permitted if they satisfactorily demonstrate that these anticipated adverse effects have been reduced to levels which satisfy State permit standards set forth in regulations developed pursuant to Environmental Conservation Law, (Articles 15, 24, 25, and 34), and are consistent with policies pertaining to the protection and use of coastal resources (State Coastal Management policies 7, 15, 19, 20, 24, 26, and 44).

Plattsburgh Comment:

The future siting and/or expansion of marina facilities within the City may also necessitate dredging. In this regard, such facilities shall be located in areas where minimal maintenance dredging will be necessary. In addition, dredging which would impact identified wetlands should be avoided so as not to degrade these sensitive environmental resources.


Policy 36

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.


Explanation of Policy

See Policy 39 for definition of hazardous materials.


Policy 37

Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters.


Explanation of Policy

Best management practices used to reduce these sources of pollution could include, but are not limited to, encouraging organic farming and pest management principles, soil erosion control practices, and surface drainage control techniques.

Plattsburgh Comment:

Non-point source pollution is pollution that enters the water from dispersed sources on the land and in the air. The four major categories of nonpoint source pollutants in the Lake Champlain Basin are nutrients, toxic substances, sediment and pathogens.56 Non-point source pollution often comes from a wide variety of human activities and is also caused by rainfall or snowmelt which carries pollutants into waterways from a number of ground sources, such as streets, parking lots, and agricultural fields. Best management practices to be utilized to minimize non-point source pollution should reflect State erosion and sediment control regulations and best management practices, and include the following:

  1. Retain as much of the natural vegetation as possible and avoid mass clearing of sites to be developed.

  2. Utilize grading methods which impede vertical runoff and provide maximum runoff infiltration capacity.

  3. Locate large graded areas on the most level portion of the site and avoid the development of steep vegetated slopes.

  4. Conduct grading and clearance activities outside floodplains.

  5. Utilize porous pavements in the construction of parking areas.

  6. Protect inlets to storm sewers by installing suitable filtering devices during construction.

  7. Runoff from parking lots, fueling areas, and large building sites should be collected and detained in sediment basins, oil and grease filtering catch basins, or retention areas to trap pollutants which would otherwise be transported from the site.

  8. Fuel spill prevention emergency response plans shall be prepared and the provision of automatic fuel cut-offs for hoses is mandatory.

  9. Stormwater runoff from parking lots, maintenance, fueling, and wash-down areas must be treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.

  10. Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste.

In addition to these practices, the City will evaluate the effectiveness of its storm sewer system and make improvements, where possible, aimed at collecting and detaining sediments in filtering catch basins, retention areas, etc.


Policy 38

The quality and quantity of surface water and groundwater supplies, will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply.


Explanation of Policy

Surface and groundwater are the principal sources of drinking water in the State, and therefore must be protected. Contamination of potable waters shall be prevented by limiting discharges of pollutants and limiting land uses which are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. Cumulative impacts of development on groundwater recharge areas shall be limited to ensure replenishment of potable groundwater supplies.


image


56 For additional guidance, see Opportunities for Action, An Evolving Plan for the Future of the Lake Champlain Basin, Draft, October 1994, Nonpoint Source, pp. 1-30.

Policy 39

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 land, and scenic resources.


Explanation of Policy

The definitions of terms “solid wastes” and “solid waste management facilities” are taken from the New York's Solid Waste Management Act (Environmental Conservation Law, Article 27). Solid wastes include sludge from air or water pollution control facilities, demolition and construction debris and industrial and commercial wastes.

Hazardous wastes are unwanted byproducts of manufacturing processes and are generally characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law (Section 27-0901[3]), as “waste or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may: 1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, disposed, transported or otherwise managed.” A list of hazardous wastes (NYCRR Part 366) will be adopted by DEC within 6 months after EPA formally adopts its list.

Examples of solid waste management facilities include resource recovery facilities, sanitary landfills and solid waste reduction facilities. Although a fundamental problem associated with the disposal and treatment of solid wastes is the contamination of water resources, other related problems may include: filling of wetlands and littoral areas, atmospheric loading, and degradation of scenic resources.


Policy 40

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.


Explanation of Policy

The State Board on Electric Generation Siting and the Environment must consider a number of factors when reviewing a proposed site for facility construction. One of these factors is that the facility shall “not discharge any effluent that will be unduly injurious to the propagation and protection of fish and wildlife, the industrial development of the State, the public health, and public enjoyment of the receiving waters.” The effect of thermal discharges on water quality and aquatic organisms is considered by the siting board when evaluating any applicant's request to construct a new steam electric generating facility.


Policy 41

Land use or development in the coastal area will not cause national or State air quality standards to be violated.


Explanation of Policy

New York's Coastal Management Program incorporates the air quality policies and programs developed for the State by the Department of Environmental Conservation pursuant to the Clean Air Act and State laws on air quality. The requirements of the Clean Air Act are the minimum air quality control requirements applicable within the coastal area.

To the extent possible, the State Implementation Plan will be consistent with coastal lands and water use policies. Conversely, coastal management guidelines and program decisions with regard to land and water use and any

recommendations with regard to specific sites for major new or expanded industrial, energy, transportation, or commercial facilities will reflect an assessment of their compliance with the air quality requirements of the State Implementation Plan.

The Department of Environmental Conservation will allocate substantial resources to develop a regulatory and management program to identify and eliminate toxic discharges into the atmosphere. The State's Coastal Management Program will assist in coordinating major toxic control programming efforts in the coastal regions and in supporting research on the multi-media nature of toxics and their economic and environmental effects on coastal resources.


Policy 42

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.


Explanation of Policy

The policies of the State and local coastal management programs concerning proposed land and water uses and the protection and preservation of special management areas will be taken into account prior to any action to change prevention of significant deterioration land classifications in coastal regions or adjacent areas. In addition, the Department of State will provide the Department of Environmental Conservation with recommendations for proposed prevention of significant deterioration land classification designations based upon State and local coastal management programs.


Policy 43

Land use or development in the coastal area must not cause the generation of significant amounts of acid rain precursors: nitrates and sulfates.


Explanation of Policy

The New York Coastal Management Program incorporates the State's policies on acid rain. As such, the Coastal Management Program will assist in the State's efforts to control acid rain. These efforts to control acid rain will enhance the continued viability of coastal fisheries, wildlife, agricultural, scenic and water resources.


Wetlands Policy


Policy 44

Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas.


Explanation of Policy

Tidal wetlands include the following ecological zones: coastal fresh marsh, intertidal marsh, coastal shoals, bars and flats, littoral zone, high marsh or salt meadow, and formerly connected tidal wetlands. These tidal wetland areas are officially delineated on the Department of Environmental Conservation's Tidal Wetlands Inventory Map.

Freshwater wetlands include marshes, swamps, bogs, and flats supporting aquatic and semiaquatic vegetation and other wetlands so defined in the NYS Freshwater Wetlands Act and the NYS Protection of Waters Act (Water Resources Law, Environmental Conservation Law Article 15).

The benefits derived from the preservation of tidal and freshwater wetlands include but are not limited to:


Plattsburgh Comment:

The following measures can further the protection or restoration of wetlands:

  1. Compliance with the statutory and regulatory requirements of the state’s wetlands laws, including the Freshwater Wetlands Act and the Stream Protection Act.

  2. Prevention of the net loss of wetlands by:

    1. Avoiding placement of fill or excavation of wetlands

    2. Minimizing adverse impacts resulting from unavoidable fill, excavation or other activities

    3. Providing compensatory mitigation for adverse impacts which may result from unavoidable fill, excavation or other activities remaining after all appropriate and practicable minimization has been accomplished

    4. Providing and maintaining adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetlands character, quality, values and functions.

  3. Restoration of wetlands whenever practical to foster their continued existence as natural systems.


Section IV. Proposed Land and Water Uses & Proposed Projects


A key component of Plattsburgh's Waterfront Revitalization Program consists of the specific land and water uses, development projects and revitalization programs - both public and private - proposed for the coastal area. The Inventory and Analysis of waterfront conditions and the applicable state and local policies provide the basis for this component. Corresponding changes in the City's zoning ordinance will be described in Section 5. The proposed uses and projects were selected after input and approval from the city planning and engineering staff, the local Waterfront Commission, and the City Council. Additional public meetings were held with various subarea groups and residents. Feedback received during the planning process is contained in Appendices F, G, and H.

The City has identified land and water uses and proposed projects in recognition of the fact that the cornerstone of successful waterfront revitalization is attractive, safe, and inviting public access, and that without public access, the water's edge will remain cut off, private, and lacking in the single ingredient absolutely necessary for revitalization: people. Additionally, without a comprehensive plan for the whole waterfront, access that is gained is likely to be haphazard, unconnected and underutilized.

The best access has these characteristics:

  1. It invites public use by virtue of its unambiguously public character.

  2. It permits the public to walk, jog and bike along the water's edge, while minimizing conflicts among types of users.

  3. It allows boaters access to and from the water and a secure place to temporarily leave their boats.

  4. It connects the downtown to the waterfront at points where the Central Business District and other City neighborhoods front the Lake and River.

  5. It establishes or preserves visual connections to the waterfront from upland sites and streets.

  6. It provides a variety of pedestrian experiences by using changes in width, elevation, orientation, plantings and surface treatment.

  7. It respects people's basic needs by providing comfortable street furniture; clean, safe restrooms; and shelter from rain.

  8. It sparks visitors' curiosity through interpretive markers and signs explaining the waterfront's role in history, its contemporary industries, natural environment and wildlife, and other intrinsically interesting stories.

  9. By its design, it guards the privacy and security of adjacent residences and protects people from hazardous waterfront industrial sites.

  10. It respects the needs of children, the elderly, and the disabled.57

Revitalizing the waterfront depends on identifying and conserving existing assets and amenities and recognizing, contemplating and developing opportunities for the creation of additional amenities; the intent of recommending future land and water uses and zoning revisions is to encourage and support a wide range of additional activities and to conserve existing resources. The revitalized Plattsburgh waterfront should be pleasant and welcoming to all ages and ability levels of people, offer a wide variety of activities, and be varied in use and activity concentration. There should be welcoming and secure areas for senior citizens, young



image


57 Good, J.W., and R.F. Goodwin, Waterfront Revitalization for Small Cities, Corvallis, OR: Oregon State University Extension Service, May 1992.



parents and children to sit in the sun, feed the birds and rest; playground equipment to play on; nearby playing fields and scenic overlooks; nature walks; fountains; pathways surfaced for walking, bicycling, rollerblading, and skateboarding. However, land and water uses are not expected to depart drastically from existing patterns; proposed uses and projects are predominantly refinements of existing patterns.

Land and water uses, as well as projects should be considered carefully. The Plattsburgh waterfront presents some constraints but also opportunities, as it contains industrial and other properties which could be redeveloped. An opportunity therefore exists for the City and private property owners to work together to create a waterfront area that will be attractive and appealing to residents and visitors alike. With this in mind, the City should be respectful of and sensitive to the rights and concerns of private property owners. All groups should be mindful of the need to work together to realize the economic and community development potential of waterfront revitalization.


A. Proposed Land Uses

Based on the description of existing land and water uses and analysis of opportunities and constraints presented above in Section II C, recommendations are made for proposed land and water uses citywide and for each subarea below. The proposed projects primarily represent refinements or expansions of existing uses and are not expected to bring about drastic changes in use (see Map Series 9). It will be of utmost importance for the City and private property owners to collaborate in order to protect existing resources and provide guidance for future development.

Revised Draft: City of Plattsburgh Local Waterfront Revitalization Program


image

Citywide Enhancements

Historic Resources

The City of Plattsburgh and Lake Champlain abound with historic and cultural resources, both on land and underwater. These resources represent many themes, including Native American resources; early settlement; the Revolutionary War and War of 1812; transportation, commerce, military and maritime history, agriculture, industries, community development and culture, government, tourism and recreation. In addition, the City is home to numerous buildings designed by notable American and New York State architects, including the City Hall built by John Russell Pope (architect of the National Gallery of Art and Jefferson Memorial in Washington, D.C.), Marcus Cummings, Albert W. Fuller, and Charles W. Platt. These irreplaceable and nonrenewable resources should be recognized and treated as assets, since they form the basis of the community's unique sense of place. Helping a community discover its history can be a key to reestablishing a feeling of pride among residents. This, in turn, leads to investment of hard-earned dollars in local real estate and business.

In addition, it should be noted that since the passage of the National Historic Preservation Act of 1966 (as amended in 1992) and the NYS Heritage Areas Act (1994, and NYS Urban Cultural Parks legislation, 1982), historic preservation, arts and culture are increasingly identified as strong weapons in the economic development arsenal. Data compiled by the Field Services Bureau of the New York State Office of Parks, Recreation and Historic Preservation indicates that preservation related programs and funding are strong economic catalysts, generating $55 million of private investment in 1994 and nearly $2 billion since such programs began in 1976. However, in Plattsburgh and throughout the Lake Champlain basin, historic and cultural resources are degraded, undervalued, and frequently overlooked.

By recognizing the value of historic and cultural resources and preserving their character, the community is effectively protecting its unique sense of place; consequently, the protection of these resources must include not only specific sites, but areas of significance and the area around specific sites. In recognition of this fact, the provisions of this policy are intended to apply to the Point Historic District, the U.S. Oval Historic District, and numerous other structures and sites listed (or eligible for listing) on the state and national registers of historic places, and zones of archaeological sensitivity located throughout the waterfront area, including underwater maritime remains. See Section II-G "Historic Resources" of the Inventory and Analysis for a detailed description of historic and cultural resources.

With respect to its historic and cultural resources, and their collective potential to stimulate waterfront and community revitalization, the City will continue to promote good stewardship and preservation. In particular, the rehabilitation and adaptive reuse of vacant and/or underutilized industrial structures represents a key component in the revitalization of the waterfront.

To further both this goal and waterfront revitalization efforts, the City will seek to establish or strengthen incentives for the protection, preservation, or rehabilitation of its resources, and to eliminate mechanisms which encourage demolition and degradation of historic and cultural resources. The rehabilitation of Plattsburgh's historic structures and sites shall be encouraged, and shall be undertaken in a manner which preserves historic elements and character. New construction shall be generally compatible in terms of design and materials with the historic character of the area to the maximum extent practicable; the City shall look to the U.S. Secretary of Interior's Standards for guidance (in compliance with the City of Plattsburgh Zoning Code Section 270-31, see Appendix D). In regard to activities which involve excavation of land within zones of archaeological sensitivity, public agencies will contact the New York Office of Parks, Recreation and Historic Preservation and/or the Preservation League of New York State to determine appropriate protective measures for archaeological resources.

Archaeological Resources

The Plattsburgh WRA was the location for many historical and cultural activities, and contains numerous resources that are significant to the culture of the Plattsburgh WRA and should be protected or enhanced.

A. Conduct a cultural resource investigation when an action is proposed on an archaeological site, fossil bed, or in an area identified for potential archaeological sensitivity on the archaeological resources inventory maps prepared by the New York State Department of Education.

  1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area.

  2. If cultural resources are discovered as a result of the initial survey, conduct a detailed evaluation of the cultural resource to provide adequate data to allow a determination of the resource's archaeological significance.

B Minimize potential adverse impacts by redesigning projects, reducing direct impacts of the resource, recovering artifacts prior to construction, and documenting the site.

  1. Prohibit appropriation of any object of archeological or paleontological interest situated on or under lands owned by New York State, except as provided for in Education Law, § 233.

  2. Protect historic shipwrecks and shipwrecks to which the state holds title. Numerous colonial era to modern-day shipwrecks lie in the waters of Lake Champlain. While the location of many of these ships is well documented, more research remains to be done to identify and protect these historic and recreational resources as significant components of the culture of the state. Historic shipwrecks are those wrecks which, by reason of their antiquity or their historic, architectural, archaeological, or cultural value, have state or national importance and are eligible for inclusion on the State or National Register of Historic Places. The state holds title to all shipwrecks determined to be abandoned under the Abandoned Shipwrecks Act of 1987.

    1. Provide for the long-term protection of historic shipwrecks through the least degree of intervention. The least degree of intervention can be achieved by preserving historic shipwrecks in place. When preservation is not feasible, record and recover shipwrecks or their artifacts.

    2. Manage shipwrecks to provide for public appreciation, use, and benefit.

    3. Avoid disturbance to shipwrecks unless the shipwreck: poses a navigation hazard; or, would impede efforts to restore natural resource values.

    4. Prevent unauthorized collection of shipwreck artifacts and associated direct or cumulative impacts.

    5. Maintain the natural resource values that are associated with shipwreck sites which may be sensitive to disturbance.


Development in Flooding and Erosion-Prone Areas

Although erosion is not a significant problem in Plattsburgh, floodways and flood hazard areas have been designated along the shoreline. In order to minimize property damage resulting from flooding, development will be discouraged from locating within such areas or appropriately flood-proofed. Shoreline erosion is currently an ongoing problem in the North End subarea, as well as in localized portions of the steeper waterfront areas of the Old Base site lands. In these areas, every effort will be made to control erosion through the use of strategic sequential planting involving grasses and ground covers, low shrubs, higher shrubs, and trees, or other form of erosion control. It should also be noted that increased boating along Lake Champlain and the Saranac River may result in localized erosion from waves generated by boat wake.

Within floodways, as identified by the Federal Emergency Management Act (FEMA), only open space uses will be allowed. Within flood hazard areas, development will be undertaken in accordance with the following guidelines:

  1. All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to flood water related forces.

  2. All construction materials and utility equipment used shall be resistant to flood damage.

  3. Construction practices and methods shall be employed which minimize potential flood damage.

  4. All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.

  5. Adequate drainage shall be provided to reduce exposure to flood hazards.

  6. All water supply and sewage disposal systems shall be designed to minimize or eliminate flood water infiltration or discharges into the flood waters.

  7. All new residential construction or substantial improvements to residential structures shall have the lowest floor (including basement) elevated to at least two (2) feet above the base flood elevation of the one hundred (100) year flood.

  8. All new non-residential construction or substantial improvements to such non-residential structures shall have the lowest floor (including basement) elevated to at least two (2) feet above the water level of the one hundred (100) year flood or, as an alternative, be flood-proofed up to that same water level, including attendant utility and sanitary facilities.

  9. No use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing or anticipated uses, will not raise the water level of the one hundred

    (100) year flood more than one (1) foot at any point.

  10. Comply with the provisions of any municipal erosion management plan, consistent with the provisions of Policies 11 through 17.

Boating and Fishing Access

Throughout the nation, greenways, rails-to-trail initiatives, bikeways, and walkways are linking waterfronts with surrounding communities and bringing citizens back to lakes, rivers, and seashores. Increasing interest in boating and fishing, as well as all recreational pursuits, has resulted in shortages in boat slips across the country in the past decade. Increasing interest in boating, shore fishing, fly fishing, and ice fishing was consistently demonstrated in public meetings and anecdotal information furnished to the Project Team, as well as in Lake Champlain Basin Program documents.

Given this interest locally and among potential tourists to the area, Plattsburgh's waterfront revitalization and redevelopment will be carefully planned to maximize existing resources, using them as a base for creating new amenities and attractions. Telephone interviews, carried out as part of both the LWRP and the city's housing and economic development needs study, have indicated that realtors, bankers, business owners, and residents recognize that Lake Champlain represents a significant but underutilized resource. The studies also reported that there is a recognized shortage of boating facilities on Lake Champlain, particularly on the New York side, and the most popular marinas were located immediately north and south of the city, at Point Au Roche State Park and Valcour Island.

With regard to the siting of boating facilities, marina locations should be developed and/or maintained and enhanced at Wilcox Dock and Dock St. Landing, as well as at the new City Marina and at the Plattsburgh Boat Basin. The City should continue to work closely with the developer to improve and enhance existing facilities to make this a more popular destination. Additional marina facilities should be developed at Wilcox Dock and at the Old Base marina. Such facilities must be developed where vehicular access is provided for and where strong linkages can be made between the waterfront and other city amenities. Provisions should also be made for rental boats, guest slips, etc. New residential development could include boat slips. Such development should be sited in such a way as to minimize conflicting uses.

Adverse impacts of new and expanding water-dependent uses should be minimized:

  1. Existing uses, such as the municipal beach, Dock St. Landing, Plattsburgh Boat Basin, City Marina, boat launch at Peace Point, the new eco-docks at Wilcox Dock and Dock Street Landing, and the beaches at the Old Base site, should be encouraged and enhanced.

  2. Marinas shall be located in areas where minimal maintenance dredging will be required (not more than once every five years):

    1. Waterside and landside access, as well as upland space for parking and other facilities, is adequate.

    2. The necessary infrastructure exists or is easily accessible, including adequate shoreline stabilization structures, roads, water supply and sewage disposal facilities, and vessel waste pump-out and waste disposal facilities.

    3. Water quality classifications are compatible

  3. Ensure that new or expanding marinas:

    1. Incorporate marine services and boat repair, as feasible, to meet a range of boating needs

    2. Do not displace or impair the operation of water-dependent transportation, industry, or commerce

    3. Do not encroach upon navigation channels or channel buffer areas

    4. Incorporate public access to the shore through provisions, such as including access from the upland, boat ramps, and transient boat mooring

  4. Adequate sewage pump-out facilities shall be provided. The number and type of such facilities shall be determined by the size of the marina and the type of boats served by it.

  5. Marinas shall not be located in areas where they would harm aquatic life or would degrade identified wetlands

  6. Adequate restroom facilities shall be provided to discourage overboard discharge of sewage from boats and to protect water quality

  7. Ample signage shall be provided to identify the location of restrooms and pump-out facilities. Signs must also fully explain the procedures and rules governing the use of pump-out facilities. Pump-out facilities shall be available to all boaters, regardless of whether they are patrons of the marina.

Tourism and Education


Lake Champlain Basin Program and Lakes to Locks Passage

The City should initiate and/or strengthen a relationship with the Lake Champlain Basin Program and Lakes to Locks Passage. Through these relationships, the City can work with other municipalities along Lake Champlain to establish heritage tourism, natural resource and other interpretive programs; scenic byways; greenway and blueway trails; and other formal programs designed to attract additional visitors to the waterfront and downtown.

Waterfront Education and Awareness Program

The City will develop and implement a waterfront education and awareness program to familiarize residents and visitors with new developments along the City's waterfront, promote the donation of easements in appropriate waterfront areas, and generally increase public involvement.


North End Subarea

Proposed uses reflect maintenance of existing development patterns. This subarea includes the City Beach as well as a motel, townhouse developments, a McDonald’s restaurant, offices, and industrial use (mainly Georgia Pacific).

The City has successfully completed several projects in this subarea, including an Environmental Quality Bond Act (EQBA)-funded extension of the Heritage Trail. In addition, the City has encouraged and assisted in the rehabilitation of deteriorated buildings in this area. The Karen Fleury Bike Path, which runs along Route 9 from City Beach to Scomotion Creek, was dedicated in 2002. In 2014, the North Margaret Street Road Diet project added bike lanes from Boynton Avenue to the Karen Fleury Path and Heritage Trail. Additional bicycle lanes have been developed along Cumberland Avenue.

The City Beach property contains nearly half of the waterfront area in this subarea and provides public access to Lake Champlain. Existing water uses are predominantly recreational and include fishing, swimming, and boating. Proposed uses under the LWRP

would maintain and strengthen these uses, through the acquisition of public access easements from private property owners (in long-term and realistically, with some form of incentive) and implementation of related enhancements, such as the construction of a waterfront loop of the existing Heritage Trail.

Projects

  1. Easements from private property owners:

    In the long-term, the City should develop a public outreach and education program to facilitate the granting of voluntary easements by willing private property owners at all parcels located south of the city beach. While some of these sites currently allow informal access, no formal right-of-way has been established. The City and the Lake Champlain Basin Program have articulated a desire to have a walking/bicycling trail along the entire Lake Champlain waterfront. Over time, when public access is obtained through easements across private property, the easements should be recorded in the property deeds of each parcel crossed by the access way. Doing this will ensure easements are not "lost" when parcels change hands. This point is particularly important in cases where the access is not continuous and leads to a dead-end shoreline viewpoint. The City could work with property owners to establish a volunteer incentive package for obtaining waterfront easements from private property owners. Work with private property owners to obtain easements to all waterfront parcels as a means of ensuring protection and providing improved public access to the waterfront. As access is obtained, work to develop a lakefront trail that extends throughout the subarea.

  2. Improve connectivity from the North End toward Wilcox Dock and Downtown. Construct a Cumberland Bay trail connecting the interpretive trail proposed for Scomotion Creek and the Wilcox Dock site. The streetscape could be improved near the “northern gateway” Route 9 - Route 314 intersection and along North Margaret Street, incorporating additional complete streets elements to build upon the recent bicycle lane construction, façade improvements, and additional commercial, mixed-use, or hotel elements.

  3. Improve interpretation of the Scomotion Creek wetlands and dunes area with additional signage and recreational programming (such as self-guided nature walks). Provide pedestrian access to the creek waterfront as well as a hand launch.

  4. From Scomotion Creek to end of the City Beach, additional beach monitoring and cleanup should be carried out.

  5. City Beach enhancements – remediation of former landfill site;

  1. City Beach - natural environmental improvements including dune and habitat protection and restoration, trail improvements (wetland boardwalk, interpretive signage), and flood protection;

  2. City Beach water-related recreation improvements: piers and docking, flexible open space, performance/event space, possible new buildings, historic interpretation, wetland trails, renovated bathhouse and concessions, pavilions, boater services

  3. City Beach – Given recent impacts on water quality resulting from runoff and flooding, a water quality study should be undertaken to explore causes and contributing factors, as well as potential solutions to water quality issues.

  4. City Beach and Crete Center - The City Beach and Crete Center Redevelopment Feasibility Study, conducted at the same time as this LWRP, examined the existing facilities, their current usage, community needs, site constraints, potential for redevelopment, regulatory and permitting implications, and costs of alternatives. The preferred plan for the property included removal of the existing Crete Center building, allowing for the development of open lawns; performance and event spaces, multipurpose buildings that could host recreation-related services and rentals for activities such as fishing, paddleboarding, and kayaking; a waterfront plaza; pavilions; piers; play areas; a nature center; and various walkway and interpretive trails, in a manner sensitive to site conditions. These findings should be used to inform future development or redevelopment.

  1. Cumberland Corners, Crete Center, and City Beach – Opportunities for Regional Coordination

    Cumberland Corners is an important recreational and economic development resource for both the Town and the City of Plattsburgh and the entire Clinton County region and, therefore, offers significant opportunities for regional coordination and cooperation. The Cumberland Corners area was once a thriving regional retail center. Currently the area has several underutilized properties.

    The City of Plattsburgh’s Beach and Crete Memorial Civic Center are key components of Cumberland Corners. The Crete Center is an important regional facility utilized by residents of the City and Town, as well as surrounding communities. Located adjacent to the City Beach, in the Town of Plattsburgh, Cumberland Bay State Park has a beach, picnic areas, playgrounds, and playing fields and provides facilities for camping.

    Together, these sites offer many recreational opportunities for residents and visitors. They also offer an opportunity to provide complementary facilities and programs through coordination between the City, Town, County, and State.

    The planning process for the future of the City’s waterfront has highlighted the need to invest in either significant repairs or replacement of the aging Crete Center. Relocating regional recreation to a new regional facility offers an opportunity for the City, Town, and County to address regional recreation needs and make improvements to the City Beach site that could catalyze commercial sector redevelopment activities in the area. Several sites in the Cumberland Corners/Route 9 corridor have potential as locations for a regional recreational center. As of Spring 2020, the local YMCA has been taking the lead on the effort, considering the Crete Center and an area across Route 9 as potential locations for such a facility.

    image


    image

    Cumberland Avenue/Wilcox Dock Subarea

    This subarea includes industrial development (Georgia-Pacific plant) in the northern portion, and predominantly prime residential housing. These uses are unlikely to change in the near-term; land and water uses generally reflect a continuation and enhancement of existing uses. Portions of this area are zoned RC, therefore any future redevelopment plans must be carefully considered and implemented; with some of the City's best views of Lake Champlain and the Green Mountains, this subarea is a key element of Plattsburgh's waterfront. Georgia Pacific worked with the NYS Department of Environmental Conservation to facilitate dredging of contaminated sludge and wood chips near the state-owned Wilcox Dock area. The site was determined to no longer pose a threat to public health or the environment and was delisted from the State Superfund program in January 2013.58 By keeping existing development with minor and incremental improvements over time as funding is available, the City will be able to accomplish this goal, which is consistent with the goals of the LWRP.

    The shore east of the Georgia Pacific plant is currently underutilized due to former PCB contamination, however, as mentioned above, this site was cleaned up through a cooperative agreement between Georgia Pacific and DEC. Proposed supporting LWRP use of this land suggests additional screen planting of evergreen trees, with potential trail access (long-term goal) at the shore level to continue a Cumberland Bay perimeter trail across the property.

    The residential area in the south portion of this subarea is a stable single-family residential neighborhood, with most homes constructed in the early to mid-1900s. The homes with shorefront lots are considered to be among the most desirable living places in the City. Proposed uses under the LWRP would maintain and protect the existing character.

    The Wilcox Dock property itself is owned by the State. A portion of the parcel, along the southern edge, is currently leased to a private property owner. The overall property could be enhanced to incorporate additional recreational amenities, as it is very busy on a favorable summer day. Proposed water uses are predominantly recreational and could include fishing, swimming, bird watching, and small boating and/or boat rentals. No new freight activity is envisioned for the former barge canal pier.

    Projects

    1. The vacant lot at the north end of Cumberland Avenue is privately owned. As the City works to enhance waterfront areas, due consideration should be given to private property owners. Should the opportunity arise, this parcel should be acquired and redeveloped for recreational or supporting commercial uses (rentals, food) related to proposed recreational reuse of Wilcox Dock.

    2. Explore the possibility of waterfront/recreation/conservation use for abandoned property next to Georgia Pacific, including additional screen planting of evergreen trees, with potential trail access at the shore level to continue a Cumberland Bay perimeter trail across the property.

    3. Provide enhancements to the Wilcox Dock waterfront park- day-use or short-term docking, fishing, pavilions, restrooms, play space, and general passive park improvements. This can be a lot of families and children in the area on a busy day, and a play space is a priority.

    4. Support extended residential neighborhood development northward, into the first vacant parcel along the west side of Cumberland Avenue (currently privately owned and zoned R2). Continue and connect the established street grid from Cedarwood Lane and Nichols Avenue. The wooded area of approximately 18 acres was, at one time, contaminated. Careful research should be done by the owner/developer into the property deed and any environmental restrictions which may be in place prior to development approval.


      image


      58 http://www.mychamplain.net/sites/default/files/cumberland_bay_de-list_notice.pdf

      image

    5. Provide a neighborhood park adjacent to the neighborhood development (at the current end of Cedarwood Lane) for more active recreation, such as a ballfield, basketball court, tennis courts, restrooms, and playground. This property is also vacant, privately owned, and currently zoned R2.

    6. Enhance the streetscape along Cumberland Avenue to improve aesthetics as well as safety for both pedestrians and bicycles.

    7. Provide repairs and improvements to the Healthy Lung Trail.

    8. The property which currently hosts the Elks Club building is a lakefront parcel with an attractive building that may be available for sale. Acquisition of this property could provide an opportunity to expand public access to the lakefront. If obtained, the building could also provide services supportive to recreation in the area.

Dock Street – Durkee Street – Downtown Subarea

Land uses in this area include mixed use residential, commercial, and recreational, with some industrial development. The northernmost area is occupied by the water pollution control plant and a storage yard for the Municipal Lighting Department (at the mouth of the Saranac River). The opportunity exists to install vegetative screening to buffer views of the water treatment facility. The waterfront area is also occupied by several existing warehouses. A portion of the area has been listed as the Point Historic District in the National Register of Historic Places (see Maps 6A-D), and is the site of some of the earliest settlement in Plattsburgh.

The area was also the site of the former CP rail yards, now known as Dock Street Landing. The rail yards have been relocated to the “new base” area of the former PAFB. The storage and operations building has been demolished, allowing the land to be redeveloped for uses that will support both water- and landside tourism. Dock Street Landing is considered the major gateway to the city from the waterside, and is intended for both landside and waterside visitors to enjoy. The waterfront in this area, as well as in the adjacent Plattsburgh Boat Basin and former CP Rail land areas, is envisioned as a primarily pedestrian environment. The City completed development of the City Marina, adjacent to the Plattsburgh Boat Basin, in the spring of 2015. Additionally, there is a City/State boat launch at Peace Point, as well as recently installed eco-docks. In the future amenities at Dock Street Landing could include a pavilion, fishing pier, fountain, monument, sculpture, and specimen plantings.

Residential character should be maintained and protected, with incentives established to encourage improvements to historic structures as well as general enhancements. Any new development should be compatible with the best use. In the long-term, the City should work with private property owners and seek to redevelop buildings in the waterfront area into more water-related uses. This area has the single greatest potential for linking waterfront and downtown revitalization and, as a result, for stimulating economic and community development. Uses would be developed to support and enhance a pedestrian friendly environment; the basic approach will be general clean-up and design detailing that retains all existing buildings. The existing streetscape could be enhanced to create more of a complete streets approach, accommodating both bicycles and pedestrians and enhancing connectivity.

Recent improvements in this subarea have included a new City Marina with boat slips, docks, moorings, a Welcome Center, and a pedestrian boardwalk/promenade area. In addition, this area is an ideal "reception" area for future tour or excursion boats (for example, day trips to Valcour Island and environs). Also located at Dock Street Landing are a formal walkway with appropriate lighting and benches for viewing the lake along the waterfront, as well as appropriate lighting along Dock Street, a trailered boat launching area, and a hand launch/eco-dock.

Projects

The proposed projects for this subarea are designed to further the establishment of the area as a new pedestrian-oriented waterside/landside gateway and mixed use development. These projects focus on streetscape improvements and connections to Durkee Street and downtown, development of a waterfront pavilion and fishing pier, and pedestrian/bicycle trail to connect to trails to the north and south. In terms of waterfront revitalization, projects implemented in this area are expected to have the greatest immediate impact on the city as well as on future waterfront revitalization efforts. The City has received approximately $2 million in grants from the Department of State EPF-LWRP fund for projects in this subarea.

  1. Durkee Street

    Redevelopment of the Durkee Street parking lot and adjacent areas will create a regional destination and vibrant city center. Development of an urban waterfront setting that includes mixed-used anchor buildings at the Durkee - Bridge Street corner, as well as public space, will provide a link between the Downtown, the Arts Corridor, and the Saranac River. Provide pedestrian and bicycle connections northward toward the City Beach, eastward toward Dock Street and The Point Historic District neighborhood, and southward via a pedestrian bridge (part of the future SRT) toward the NYSEG site (to be redeveloped),connecting to the existing Saranac River Trail, and the Old Base subarea. Accommodate any parking within the Durkee Street lot by fronting it with buildings to enhance both architecture and streetscape. Complement a vibrant downtown by including uses that activate the riverfront – such as arts, events, housing, water sports, play space, market space, and open space.

  2. Arts District Corridor

    Improve connections between the Durkee Street area and the Brinkerhoff/Court Street area. Public space should link improvements within the Durkee Street lot to redevelopment of the park space between Durkee and Margaret Streets. Pedestrian and streetscape improvements could extend to the Arts District area along Brinkerhoff Street to Oak Street.

  3. Explore acquisition of or development opportunities for the properties between Bridge and Broad Streets. Ownership of these parcels is generally by two owners, who may be interested in selling them for future development. They are currently zoned B1 – General Business and contain a mix of uses – Residential, Commercial, Commercial Mixed Use, Apartments, and vacant properties. If acquired by the City, they could be developed for additional recreational or public use, complementing the Riverwalk along the western bank of the Saranac River.

  4. Improve visual as well as physical linkages between the downtown and waterfront on the Dock-Bridge Street corridor. In 1999, the City completed a $15,000 Environmental Protection Fund grant from the NYS Department of State Division of Coastal Resources and Waterfront Revitalization to conduct a design and linkage study for this corridor, which provides a significant link between the Lake Champlain waterfront and downtown.

  5. Bridge Street Aesthetic and Recreational Enhancements

    1. Build off of improvements to the Co-Op to continue the momentum along Bridge Street for additional aesthetic enhancements to building facades. Pursue possible ESD Main St grant funds.

    2. Explore the potential for re-use of the parking area behind the co-op. Historically, there was a plan for a riverfront park (1970s) and this space has the potential to be an interesting urban space, or pocket park, with connections to MacDonough Park.

  6. Dock Street Landing (Harborside)

    Link to the historic railroad depot at intersection of Dock Street and Bridge Street. The City is currently pursuing the development of a Master Plan for this area, also referred to as “Harborside.” The Master Plan should consider commercial, mixed-use, and/or hotel/resort development in the space between the existing parking lot and the waterfront park space. Within the park space, incorporate a fishing pier, paths, a pavilion and public restrooms. These additions will complement the recent installation of a trailered boat launch and an eco-dock hand launch, as well as the relocation of the farmer’s market and the development of the City Marina and Welcome Center.

  7. Dock Street Landing/Harborside Design Guidelines

    Since the Dock Street area has the potential to become a major entry point into the city, the development of design guidelines, which could build upon the 2009 Streetscape and Design Guidelines for the Downtown Area, is one option to improve the waterfront and landside ambience. These guidelines could include details, such as a boardwalk around the perimeter of the boat basin with widened stair and ramp access at the west and south ends, to unify the area visually and functionally. Waterfront character would be enhanced with the use of wood piles and swag rope or metal bollards and turnbuckle tensioned guy wire safety barriers. A pedestrian walkway with handicapped accessible paving and seating could rim the shoreline perimeter throughout the subarea waterfront. The City should assist property owners with improvements to improve this entire area.

  8. Dock Street should be decoratively paved to provide an attractive surface. Overhead utility wires should be buried, perhaps in a green strip on the south side of Dock Street.

  9. Safety for pedestrians and bicycles, given the crossing of the railroad tracks, should be improved as well. Conduct a Feasibility Study for the creation of a pedestrian bridge near the train station to Dock Street, to provide safe passage across the railroad tracks.

  10. Former Municipal Lighting Department storage

    At the northwest corner of the Dock Street landing area is the former Municipal Lighting Department storage yard. The MLD facilities have since been relocated, allowing for the reuse of one of the buildings for the Farmers and Crafters Market. The surrounding area could accommodate appropriate water-related development, and the area north of Green

    Street is anticipated to provide a connection for Phase 3 of the Saranac River Trail. This may also be an appropriate location for the mixed-use development, possibly incorporating recreational facilities, an interpretive center, or hotel use.

  11. Water Resource Recovery Facility

    East of the storage yard, where the Saranac River meets Lake Champlain, is the Water Resource Recovery Facility. While it is not feasible for this to be relocated, odor control systems and strategies are undergoing upgrades.

    1. Aesthetic enhancements could be incorporated, and interpretive elements have been proposed (as outlined in Section II.A. Recent Community Development Efforts) and could be added, recognizing the importance of the treatment plant to Lake Champlain.

    2. The lakefront pathway along this property could be enhanced and maintained as well. It is proposed to be incorporated into the Saranac River Trail.

  12. Rezoning of Dock Street properties

    Since the WRRF is the only remaining industrial use at the Harborside area, and interest has been expressed in alternate uses for the surrounding property, as evidenced in the relocation of the farmers market to the area, the zoning should be changed. The area where the MLD had been is currently still zoned Industrial, while the adjacent parcel is zoned RC1 (which allows for a variety of potential uses). The Industrial area should be subdivided, to allow the WRRF to remain Industrial, while the remaining property is consistently RC1, to allow for more flexibility in future development.

  13. The City should encourage the redevelopment of the Lakeside Container buildings between Jay Street and the waterfront.

  14. It is recommended that the recreational uses at the mouth of the Saranac River be maintained and enhanced as funding allows, including the removal of debris from the water. Link the mouth of the Saranac River and its fishing, walking and other recreational opportunities, to the increased access at the Waterfront Park at Dock Street Landing/Harborside. The Green Street connector component of the Saranac River Trail Master Plan intends to provide pedestrian access along Green Street from the mouth of the river to Bridge Street.

  15. Urban redevelopment and open space strategies should be explored for the eleven-acre NYSEG former manufactured gas plant site, currently undergoing remediation. Future uses should capitalize on and complement the site’s riverfront location and proximity to the Downtown-Durkee street redevelopment, as well as the presence of the Saranac River Trail. The site will also have direct access to multiple pedestrian bridges.

  16. A southern extension of the Heritage Trail bicycle path, this proposed bicycle pathway would bring cyclers from the former PAFB across the passenger rail tracks to the Lake Champlain shoreline (see projects below in the Old Base Subarea description). Such efforts should also capitalize on the proximity of the U.S. Oval Historic District and amenities of the former Plattsburgh AFB.

  17. Pursue remaining projects that were identified during the DRI process

    1. Remaining Riverfront Access projects

      1. Pursue design of a Saranac River whitewater park/kayak run.

      2. Provide hand launch/kayak access points along the Saranac (following NYSEG remediation) – potentially near Broad Street and at MacDonough Park, but also complemented by additional upstream locations.

      3. Make improvements to lighting, seating, and walkways at MacDonough Park.

    2. Streetscape Enhancements – provide pedestrian, cyclist, and aesthetic improvements along:

      1. Durkee Street

      2. Brinkerhoff Street (See Item B above)

      3. Margaret Street

      4. Clinton Street

      5. Green Street (See Item R below)

      6. Bridge Street (including Veteran’s Memorial Bridge)

        1. Bridge Street, from Jay Street to City Hall Place, is anticipated to become part of the Empire State Trail.

      7. City Hall Place

        1. City Hall Place is anticipated to become part of the Empire State Trail.

      8. Dock Street (see Items D, G, H, and I above)

      9. Broad Street

    3. Marketing, Signage, and Branding

      1. The goal of this effort is to create a cohesive strategy to tie together Downtown’s assets and build upon existing marketing initiatives to achieve a greater impact for Downtown. The project, to date, has developed new street signs with a historical design as well as vertical flag banners for light poles to be located throughout the Downtown – highlighting various aspects of the City’s history.

      2. Additional goals include the development of cohesive wayfinding signage (to include maps and directional signage) to enhance navigability for pedestrians and cyclists, as well as vehicles.

      3. Expand upon these downtown branding and marketing ideas by continuing to incorporate public art throughout the Downtown area (such as murals, sculpture, and history- or waterfront-related artwork)

  18. Green Street Improvements

    1. In the short-term, it is anticipated that the property on the west side of Green St may be used for access to the Saranac River during the NYSEG remediation. Following the remediation work, this Street should be enhanced for walkability and safety. There may be a need for to evaluate the broader intersection – including Bridge Street and Peru Street – for traffic light or crosswalk updates. Improvements for bicycles and pedestrians will also need to address the existing abandoned rail spur along the west side of Green Street, which will likely need to be removed.


image

image

Old Base Subarea

Plattsburgh AFB was closed in 1995. Upon the announcement of closure, the local communities together established the Plattsburgh AirBase Redevelopment Corporation (PARC) to plan for and carry out the redevelopment effort for the former base property and assets. The area known as "the old base" has been listed as the U.S. Oval Historic District in the National Register of Historic Places. Principal uses of the former old base area now include light industrial, research and development, arts and culture, museums, resort residential and recreational use. In 2010 PARC ceased to have full-time staff and outsourced most of its operations to a real estate company.

Enhancements for the US Oval should minimize any permanent construction, focusing on flexible athletic uses. Improvements could include providing water supply to the ice rink – which could be enhanced to serve as a seasonal reflecting pool – enhancing the space opposite the chapel, providing public restrooms, and incorporating a pavilion. Fort Brown could be enhanced with the provision of parking, selective clearing of vegetation to open views, and the development of trail connections to improve pedestrian and bicycle connectivity. Connections to trails could also be improved in and around the museum campus, while the waterfront along the eastern side of the Terry Gordon Bike Path would benefit from selective clearing and trimming of vegetation to improve water views.

Projects

  1. Old Base and Museum Campus Master Plan: A coordinated museum campus concept with joint marketing, programming efforts, and long-range planning has the potential to enhance the tourism market.

  2. Since closure of Plattsburgh AFB, the City has constructed the Terry Gordon Bike Path, a pedestrian pathway along the waterfront on the western edge of the CP Rail right-of-way, to act as a bypass to NYS Route 9, as called for in the plan already established by the City and County. U.S. Route 9 was enhanced to include a multi-use path as well, in 2004. The Terry Gordon trail was funded through a grant received by the City of Plattsburgh from the New York State Department of Transportation. The City installed a 10'-0" wide continuous paved trail with established gateways at key locations. This trail includes a 4'-0" high chain link fence between trail and railroad right-of-way for safety, as well as landscape plantings, periodic shelters, benches, and viewpoint areas. This trail links features and amenities such as the City recreation department and the US Oval playing field. In addition, the development of historic, cultural, and natural resources for interpretive and resource linkage purposes is underway, both for the waterfront area and the entire former Plattsburgh AFB area. The current goal is to connect the Terry Gordon Bike Path to Battlefield Park.

  3. Enhancements to Fort Brown which may include improved pedestrian and bicycle trail connectivity from Fort Brown to the US Oval and to the Saranac River Trail and Greenway, with selective tree clearing, enhanced interpretation, and parking on Fort property.

  4. Museum area:

  5. Design and install enhancements along the Terry Gordon Bike Path, to include lighting where appropriate, and selective clearing and thinning of trees and brush to improve lake views while preventing erosion.

  6. US Oval enhancements: minimize any permanent construction, focusing on flexible athletic uses; provide water supply to the ice rink – which could be enhanced to serve as a seasonal reflecting pool; enhance the space opposite the chapel; provide public restrooms; and incorporate a pavilion. Examine available parking and consider parking accommodations near the chapel as well as additional parking on the west side of the oval to accommodate sports participants.

  7. Old Base marina rehabilitation – safety; pier rehabilitation; small craft marina; explore swimming opportunities

  8. Sailor’s beach enhancements, to include safety, lighting, visibility, signage, and access improvements, including ADA access where possible.

  9. Explore acquisition and future development opportunities at the following properties identified by the committee:

Upper Saranac Subarea

The Upper Saranac Subarea includes both the SUNY Plattsburgh Campus and Plattsburgh High School. The Upper Saranac Subarea also includes a portion of the recently-implemented Saranac River Trail (SRT). Phase II of the SRT is currently in design, but it is planned to connect with both the existing Gordon Bike Trail and the Fleury Bike Trail, and the "Blue" and "Red" single track trails west of the Imperial Dam.

Challenges to public access and recreation in this area include the Imperial Dam, as well as railroad tracks and industrial development along the southern bank of the Saranac. However, existing parks and publicly-owned lands provide opportunities to expand upon existing assets.

Projects

  1. Explore access enhancements at the City-owned riverfront parcel at Allen and Waterhouse Streets. This property is City-owned and is currently used for fishing access, but could be improved. If a Saranac Whitewater area is developed, or downtown area paddling access is provided, this property could serve as an upstream access point.

  2. Identify locations for “blueway” and whitewater park developments along the Saranac River. Portions of the SRT can also serve as a water trail, with improved canoe, kayak, tubing, and fishing access along the river.

  3. Fort Brown – while this property is adjacent to the Saranac, the shoreline is too steep for direct water access or a hand launch. It could be enhanced, however, with a small parking area, benches, and interpretive signage, as well as connections to adjacent trails (Bicycle Route 9, across the US Oval to the Terry Gordon Bike Path).

  4. South Platt Street Park (Fox Hill Park) is adjacent to Fort Brown, contains ballfields, and is popular for sledding. There is an existing informal trail connection between them. This park has potential for river access and a hand launch because the bank is not as steep as at Fort Brown, and parking already exists.

  5. Riverview Park, located along the Saranac at Vale Way/Hartwell Street, is a lesser-known park, but a great asset. The park should have a sign at Waterhouse Street, and potential enhancements should be explored.

  6. They SUNY Plattsburgh campus has recently installed disc golf as well as new interpretive signs and trails in Ruger Woods. As trail, streetscape, and recreational improvements are planned, any possible connections to publicly accessible assets on the SUNY campus should be incorporated.


B. Proposed Water Uses/ Harbor Management Plan

There is some potential for increased water uses in the City's waterfront area. There are currently water uses at the municipal beach, the fishing dock at the Macdonough Monument, the boat launch at Peace Point, the new City Marina, the Plattsburgh Boat Basin, and the eco-docks at Wilcox Dock and Dock Street Landing. There is the potential for increased water uses at Wilcox Dock, Dock Street Landing with amenities for transient recreational boats, use of the beaches at the Old Base Marina and Sailor’s Beach, the waterfront park at Dock Street Landing, possible river access at Durkee Street, and additional fishing docks along the Saranac River. The Saranac River Trail has proposed river access at the proposed Durkee Street bridge as well as an outdoor learning lab with access at the proposed Saranac Street bridge. In an effort to make optimum use of the waterfront location, to make the waterfront more accessible, and to stimulate economic development in the waterfront and downtown, the City should encourage development of water-dependent and water-enhanced uses for the waterfront with those associated water uses.

The City of Plattsburgh recognizes the need to manage the shoreline area of Lake Champlain including its surface waters and has integrated the City of Plattsburgh Harbor Management Plan within the LWRP. A Harbor Management Plan addresses conflict, congestion, and competition for space in the community's surface waters and underwater lands. It provides the opportunity to identify various alternatives for the optimum use of the waterfront and adjacent water surfaces. There are currently the following water use facilities: City Marina and Plattsburgh Boat Basin, both at the foot of Dock Street; Wilcox Dock; and the municipal beach on Cumberland Bay. These facilities provide the attendant formal water uses in the City, however there are minimal existing harbor management issues. Section II identified related harbor management issues (see Introduction for a full description of where the components of the HMP can be found in the LWRP) concerning water use in the City of Plattsburgh.

The City recognizes the need to provide improved facilities and access for water recreational uses such as fishing and non- motorized boating. The Waterfront Overlay District identifies various alternatives for the optimum use of waterfront and adjacent waters, while preserving its scenic and historic character. The locations proposed for future water uses include the following:

  1. Dock Street Landing with transient/day-use docks

  2. Possible expansion at the City Marina

  3. On the Old Base: Water uses are expected to remain essentially the same; the beach/recreation/picnic grounds should continue to be located at Sailor’s Beach and the Old Base Marina, once rehabilitated.

  4. The proposed waterfront park at Dock Street Landing

  5. Additional fishing docks along the Saranac River

  6. Enhancements to City Beach

  7. Whitewater opportunities along the Saranac River


Section V. Local Techniques for Implementation


The Waterfront Revitalization of Coastal Areas and Inland Waterways Act, or WRCAIWA, places a great emphasis on the implementation provisions of a LWRP. Specifically, the WRCAIWA requires local waterfront programs to provide a "description of proposed means for long-term management and maintenance of waterfront development and activities including organizational structures and responsibilities and appropriate land use controls." It further requires "specification of the adequate authority and capability of the local government to implement the program."

This section is designed to accomplish two major goals: to provide sufficient information to the NYS Department of State to determine whether Plattsburgh has met the WRCAIWA requirements, and to provide the local government with a clear and complete description of the strategy it will follow to implement those elements of the LWRP for which it is responsible. Specific implementation measures are organized under four general headings: local laws necessary to implement the LWRP, other public and private measures necessary to implement the LWRP, management structure necessary to implement the LWRP and financial resources necessary to implement the LWRP.


In implementing the LWRP and Harbor Management Plan (HMP), the City will use a variety of tools and techniques to develop the lakefront as a sustainable community resource. Strategic tools include land use controls (such as zoning and design standards) and development incentives which can assist in implementing community goals and acquiring property through arrangements which provide community control over development approaches and projects. Through Article 42, Section 922 of the New York State Executive Law, once this LWRP and HMP are adopted by the City and approved by the Secretary of State, the City can regulate all structures and uses of waters and underwater lands, including the construction, size and location of wharves, docks, moorings, piers, jetties, platforms, breakwaters or other structures, temporary or permanent, in, on or above waters and the use of surface waters and underwater lands within the city, or bounding the city, to a distance of fifteen hundred feet from the shore.


  1. Local Laws Necessary to Implement the LWRP

    Existing Local Laws and Regulations

    The City revised its Master Plan in 1999 and Zoning Ordinance in 2001. Prior to 1999, local laws and regulations enacted by the City showed little concern for land use and development activities within the waterfront area. Local regulations include zoning, enforcement of the NYS Uniform Fire Prevention and Building Code, floodplain regulations, regulation of city parks, and regulation of public and private sewers.

    Zoning Ordinance and Land Use Regulations

    The City of Plattsburgh Zoning Ordinance has been in effect since 1981, with revisions in 1983, 1988 and 2001 (see Maps 8A-F). The general purpose of the zoning ordinance is "promoting the health, safety, morals, convenience, order, prosperity and general welfare of the community..." The ordinance (Chapter 270, Article 3, §270-5, dated November 2001) contains the following zoning districts:

    RH Residential Historic

    R-1 Low-Density Residential R-2 General Residential

      1. General Business

      2. Highway Business

    1. Central Business

    I Industrial

    OL-P Overlay District - Parking OL-W Overlay District - Waterfront

    RC-1 Recreational and Related Uses RC-2 Recreational and Related Uses RC-3 Recreational and Related Uses

    All districts except B-2 and RH are also located within the LWRP waterfront revitalization area (WRA).

    For each district, the ordinance specifies permitted uses, accessory uses, and uses requiring special permits. Supplementary regulations address lot requirements; height requirements; yard requirements; building coverage and open space requirements; number of buildings and dwelling units restricted; accessory structures; landscaping and fencing requirements; planned unit developments; additional lot regulations; amusement uses; community facilities; retail and manufacturing regulations; off-street parking and loading regulations; signs; mobile homes and mobile home parks; miscellaneous uses; general use standards; special use permits; and historic sites. Administrative procedures including issuance of special permits, variances and appeals, plus stipulations on violations, penalties and amendments are also included. Subdivision regulations are listed in Chapter 236 of the Plattsburgh Municipal Code.


    The zoning ordinance and related land use controls constitute the city's foremost means of implementing and enforcing the Local Waterfront Revitalization Program. Existing development controls, administrative procedures and enforcement authority established in the ordinance are generally adequate to direct future land use patterns and development activities for the city, although some refinements are needed (see zoning section in inventory and analysis section above). While the site plan review procedures and historic site procedures provide simple and fairly effective regulatory protection for historic structures, several deficiencies should be corrected with new or revised ordinances.


    Flood Damage Prevention Law


    This law requires permits for new construction and improvements to existing structures, as well as other projects involving excavation, filling, grading, etc. within flood hazard areas identified by the Federal Emergency Management Agency. With such a law in place, property owners are eligible for purchase of subsidized flood damage insurance that would not otherwise be available. Projects within the flood hazard area are reviewed to ensure that hazards from flooding are minimized through appropriate standards concerning construction techniques and materials, siting, and protection and maintenance of drainage areas. The law also requires subdivision proposals to be consistent with the need to minimize flood damage. The City Code Enforcement Officer administers this law. Appeals may be made to the Zoning Board of Appeals.

    Site Plan Review Process

    The City currently administers a site plan review process, which applies to most development projects. The Plattsburgh Planning Board should continue to administer the site plan review process as specified in the zoning law.

    Historic Sites Regulations

    Two historic districts, the Point and U.S. Oval Historic Districts, are included within the Waterfront Revitalization Area and abut the waterfront. Section 270-31 of the City Code currently applies to Historic Sites. It establishes procedures regarding zoning and building permits for proposed actions located on historic sites or within historic districts. Currently, neither district falls within the Waterfront District Overlay, as adopted. These historic districts will, following the adoption and approval of the LWRP and the updated Waterfront District, be subject to both the Historic Sites regulations and the Waterfront District regulations.


    Additional Local Laws, Amendments to Existing Local Laws and Regulations Necessary to Implement the LWRP

    LWRP Consistency Review Law

    "A Local Law Establishing Consistency Requirements and Review Procedures for City Actions Involving the LWRP Waterfront Area" must be adopted to ensure implementation of the Local Waterfront Revitalization Program. This local law requires each board, department, officer or other body of the City, to ensure that all actions to directly undertake or permit, fund or otherwise approve any project, use or activity within the waterfront be consistent to the maximum extent practicable with the applicable policies established in the City's Local Waterfront Revitalization Program (see Appendix B).

    To this end, the local law establishes procedures for:

  2. Other Public & Private Actions Necessary to Implement the LWRP

    In addition to administering the above-cited local laws, the City and other governmental entities, as well as the private sector, will need to undertake various actions to implement the provisions of this LWRP. The actions outlined below will be implemented over a lengthy period of time, due to the need to procure funding, the need to build community support, and the need to carefully study and/or plan and design each project. The following describe some key actions:


    Administration and Enforcement

    State Environmental Quality Review Act (SEQRA)

    SEQRA is a law that establishes a process that requires the consideration of environmental factors early in the planning stages of actions that are directly undertaken, funded or approved by local, regional and state agencies. The City considers all applicable requirements under SEQR during review of all qualifying projects. SEQR is incorporated into the site plan review procedures of the City Code. As part of the LWRP, the City should continue to administer SEQR, especially concerning stormwater management, historic site review, and construction of various sizes.


    NYS Department of Environmental Conservation

    Through various programs, training, and outreach, DEC provides continuing efforts that control water pollution from all sources so that communities can protect and enhance New York’s natural resources. The DEC should continue to administer and enforce the regulations and permit programs, including those pertaining to stormwater, wastewater, wetlands and other navigable waterways, and water quality, as appropriate for the projects proposed in this LWRP.


    US Army Corps of Engineers

    The mission of the Corps of Engineers Regulatory Program is to protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation’s waters. All construction projects proposed must obtain any necessary Army Corps of Engineers permits, as appropriate.


  3. Management Structure Necessary to Implement the LWRP

    Planning and Approval from the Zoning Boards

    The Planning Board and Zoning Boards, with assistance from the Community Development Office, will continue the efforts of the LWRP and monitor the implementation of the plan.

    The boards will continue to be review for site plans, environmental impacts, and requests for variances, while also ensuring projects are consistent with the LWRP.

    Additionally, the City will be updating its Comprehensive Plan and Zoning Ordinance in conjunction with the adoption of this LWRP. These plans and ordinances will continue to be evaluated to ensure that the goals of the LWRP are supported.


  4. Financial Resources Necessary to Implement the LWRP

The implementation of the projects set forth in this Local Waterfront Revitalization Program will require an undetermined amount of public and private funds, as follows:

Local

The City should pursue funding opportunities for the waterfront revitalization projects and provide the necessary match requirements of these funding programs.


State

Continued funding could be utilized for the completion of Dock Street Landing, Durkee Street, the Dock/Bridge Street Corridor, and City Beach development. Support from such programs as the Recreational Trail Program for State Parks and Recreation, State E.P.F. funds through the Consolidated Funding Application, and any others should be sought as it becomes available.


Federal

The City will investigate and pursue federal funding sources for the implementation of waterfront revitalization projects. These sources include the Intermodal Surface Transportation Efficiency Act (ISTEA), which includes the Surface Transportation Program and the National Recreational Trails Funding Program; Land and Water Conservation Funds; National Park Service Urban Parks and Recreation Recovery Grants (UPARR); technical assistance through the National Park Service's Rivers and Trails Conservation Assistance Program; the national Maritime Heritage Preservation Act; the U.S. Department of Housing & Urban Development's Canal Corridor's Initiative and other appropriate programs.


C.P. Rail

Funding may be needed for access improvements, such as pedestrian overpasses and traffic signal improvements.


Other Private

It is increasingly unlikely that government funding will be available for all of the City's waterfront revitalization efforts. As a result, additional waterfront revitalization funding should be sought from local foundations and corporations. The Georgia Pacific Corporation has been known to provide funding to support community development. Other potential sources of private funding or other assistance include the National Trust for Historic Preservation, Trust for Public Land, Partners for Livable Places, the Pew Charitable Trust, the Enterprise Foundation, Ford Foundation, The Waterfront Development Center, Land Trust, Trust for Public Land, and similar organizations.

At the local and regional level, the City should establish relationships with developers and marina owners, and work closely with all private property owners in the LWRP waterfront revitalization area to plan improvements. To stimulate additional waterfront development and encourage improvements, the City may have to establish a system of incentives (disincentives to discourage inappropriate development). The main goal is to encourage a balance of development and publicly-accessible open land.

Section VI. State Actions and Programs Likely to Affect Implementation


State actions will affect and be affected by implementation of the Local Waterfront Revitalization Program. Under State law, certain State actions within or affecting the local waterfront area must be "consistent" or "consistent to the maximum extent practicable" with the enforceable policies and purposes of the LWRP. This consistency requirement makes the LWRP a unique, intergovernmental mechanism for setting policy and making decisions and helps to prevent detrimental actions from occurring and future options from being needlessly foreclosed. At the same time, the active participation of State agencies is also likely to be necessary to implement specific provisions of the LWRP.

The first part of this section identifies the actions and programs of State agencies which should be undertaken in a manner consistent with the LWRP. This is a generic list of actions and programs, as identified by the NYS Department of State; therefore, some of the actions and programs listed may not be relevant to this LWRP. Pursuant to the State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), the Secretary of State individually and separately notifies affected State agencies of those agency actions and programs which are to be undertaken in a manner consistent with approved LWRPs. The lists of State actions and programs included herein are informational only and do not represent or substitute for the required identification and notification procedures. The current official lists of actions subject to State consistency requirements may be obtained from the NYS Department of State.

The second part of this section is a more focused and descriptive list of State agency actions which are necessary to further implementation of the LWRP. It is recognized that a State agency's ability to undertake such actions is subject to a variety of factors and considerations; that the consistency provisions referred to above, may not apply; and that the consistency requirements cannot be used to require a State agency to undertake an action it could not undertake pursuant to other provisions of law. Reference should be made to Section IV and Section V, which also discuss State assistance needed to implement the LWRP.

A. State Actions & Federal Programs Which Should Be Undertaken in a Manner Consistent with the LWRP


1. STATE AGENCIES OFFICE FOR THE AGING

1.00 Funding and/or approval programs for the establishment of new or expanded facilities providing various services for the elderly.

DEPARTMENT OF AGRICULTURE AND MARKETS

1.00 Agricultural Districts Program

2.00 Rural Development Program

3.00 Farm Worker Services Programs.

    1. Permit and approval programs:

    2. Custom Slaughters/Processor Permit

    3. Processing Plant License

    4. Refrigerated Warehouse and/or Locker Plant License

DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR AUTHORITY

    1. Permit and Approval Programs:

    2. Ball Park - Stadium License

    3. Bottle Club License

    4. Bottling Permits

    5. Brewer's Licenses and Permits

    6. Brewer's Retail Beer License

    7. Catering Establishment Liquor License

    8. Cider Producer's and Wholesaler's Licenses

    9. Club Beer, Liquor, and Wine Licenses

    10. Distiller's Licenses

    1. Drug Store, Eating Place, and Grocery Store Beer Licenses

    2. Farm Winery and Winery Licenses

    3. Hotel Beer, Wine, and Liquor Licenses

    4. Industrial Alcohol Manufacturer's Permits

    5. Liquor Store License

    6. On-Premises Liquor Licenses

    7. Plenary Permit (Miscellaneous-Annual)

    8. Summer Beer and Liquor Licenses

    9. Tavern/Restaurant and Restaurant Wine Licenses

    10. Vessel Beer and Liquor Licenses

    11. Warehouse Permit

    12. Wine Store License

    13. Winter Beer and Liquor Licenses

    14. Wholesale Beer, Wine, and Liquor Licenses DIVISION OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES

1.00 Facilities, construction, rehabilitation, expansion, or demolition or the funding of such activities.

    1. Permit and approval programs:

    2. Certificate of approval (Substance Abuse Services Program)

    1. Permit and approval:

    2. Letter Approval for Certificate of Need

    3. Operating Certificate (Alcoholism Facility)

    4. Operating Certificate (Community Residence)

    5. Operating Certificate (Outpatient Facility)

    6. Operating Certificate (Sobering-Up Station) COUNCIL ON THE ARTS

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

2.00 Architecture and environmental arts program. DEPARTMENT OF BANKING

    1. Permit and approval programs:

    2. Authorization Certificate (Bank Branch)

    3. Authorization Certificate (Bank Change of Location)

    4. Authorization Certificate (Bank Charter)


1.04

Authorization Certificate (Credit Union Change of Location)

1.05

Authorization Certificate (Credit Union Charter)

1.06

Authorization Certificate (Credit Union Station)

1.07

Authorization Certificate (Foreign Banking Corporation Change of Location)

1.08

Authorization Certificate (Foreign Banking Corporation Public Accommodations Office

1.09

Authorization Certificate (Investment Company Branch)

1.10

Authorization Certificate (Investment Company Change of Location)

1.11

Authorization Certificate (Investment Company Charter)

1.12

Authorization Certificate (Licensed Lender Change of Location)

1.13

Authorization Certificate (Mutual Trust Company Charter)

1.14

Authorization Certificate (Private Banker Charter)

1.15

Authorization Certificate (Public Accommodation Office - Banks)

1.16

Authorization Certificate (Safe Deposit Company Branch)

1.17

Authorization Certificate (Safe Deposit Company Change of Location)

1.18

Authorization Certificate (Safe Deposit Company Charter)

1.19

Authorization Certificate (Savings Bank Charter)

1.20

Authorization Certificate (Savings Bank De Novo Branch Office)

1.21

Authorization Certificate (Savings Bank Public Accommodations Office)

1.22

Authorization Certificate (Savings and Loan Association Branch)

1.23

Authorization Certificate (Savings and Loan Association Change of Location)

1.24

Authorization Certificate (Savings and Loan Association Charter)

1.25

Authorization Certificate (Subsidiary Trust Company Charter)

1.26

Authorization Certificate (Trust Company Branch)

1.27

Authorization Certificate (Trust Company-Change of Location)

1.28

Authorization Certificate (Trust Company Charter)

1.29

Authorization Certificate (Trust Company Public Accommodations Office)

1.30

Authorization to Establish a Life Insurance Agency

1.31

License as a Licensed Lender

1.32 License for a Foreign Banking Corporation Branch DEPARTMENT OF CORRECTIONAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. DORMITORY AUTHORITY OF THE STATE OF NEW YORK

1.00 Financing of higher education and health care facilities.

2.00 Planning and design services assistance program. DEPARTMENT OF ECONOMIC DEVELOPMENT

1.00 Preparation or revision of statewide or specific plans to address State economic development needs.

2.00 Allocation of the state tax-free bonding reserve. EDUCATION DEPARTMENT

1.00 Facilities construction, rehabilitation, expansion, demolition or the funding of such activities.

    1. Permit and approval programs:

    2. Certification of Incorporation (Regents Charter)

    3. Private Business School Registration

    4. Private School License

    5. Registered Manufacturer of Drugs and/or Devices

    6. Registered Pharmacy Certificate

    7. Registered Wholesale of Drugs and/or Devices

    8. Registered Wholesaler-Repacker of Drugs and/or Devices

    9. Storekeeper's Certificate

ENERGY PLANNING BOARD AND ENERGY OFFICE

1.00 Preparation and revision of the State Energy Master Plan.


NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

1.00 Issuance of revenue bonds to finance pollution abatement modifications in power-generation facilities and various energy projects.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of lands under the jurisdiction of the Department.

2.00 Classification of Waters Program; classification of land areas under the Clean Air Act.

3.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

    1. Financial assistance/grant programs:

    2. Capital projects for limiting air pollution

    3. Cleanup of toxic waste dumps

    4. Flood control, beach erosion and other water resource projects

    5. Operating aid to municipal wastewater treatment facilities

    6. Resource recovery and solid waste management capital projects

    7. Wastewater treatment facilities

5.00 Funding assistance for issuance of permits and other regulatory activities (New York City only).

    1. Implementation of the Environmental Quality Bond Act of 1972, including:

      1. Water Quality Improvement Projects

      2. Land Preservation and Improvement Projects including Wetland Preservation and Restoration Projects, Unique Area Preservation Projects, Metropolitan Parks Projects, Open Space Preservation Projects and Waterways Projects.

7.00 Marine Finfish and Shellfish Programs.

8.00 New York Harbor Drift Removal Project.

    1. Permit and approval programs: Air Resources

    2. Certificate of Approval for Air Pollution Episode Action Plan

    3. Certificate of Compliance for Tax Relief - Air Pollution Control Facility

    4. Certificate to Operate: Stationary Combustion Installation; Incinerator; Process, Exhaust or Ventilation System

    5. Permit for Burial of Radioactive Material

    6. Permit for Discharge of Radioactive Material to Sanitary Sewer

    7. Permit for Restricted Burning

    8. Permit to Construct: a Stationary Combustion Installation; Incinerator; Indirect Source of Air Contamination; Process, Exhaust or Ventilation System

      Construction Management

    9. Approval of Plans and Specifications for Wastewater Treatment Facilities Fish and Wildlife

    10. Certificate to Possess and Sell Hatchery Trout in New York State

    1. Commercial Inland Fisheries Licenses

    2. Fishing Preserve License

    3. Fur Breeder's License

    4. Game Dealer's License

    5. Licenses to Breed Domestic Game Animals

    6. License to Possess and Sell Live Game

    7. Permit to Import, Transport and/or Export under Section 184.1 (11-0511)

    8. Permit to Raise and Sell Trout

    9. Private Bass Hatchery Permit

    10. Shooting Preserve Licenses

    11. Taxidermy License

    12. Permit - Article 15, (Protection of Water) - Dredge or Deposit Material in a Waterway

    13. Permit - Article 15, (Protection of Water) - Stream Bed or Bank Disturbance

    14. Permit - Article 24, (Freshwater Wetlands) Hazardous Substances

    15. Permit to Use Chemicals for the Control or Elimination of Aquatic Insects

    16. Permit to Use Chemicals for the Control or Elimination of Aquatic Vegetation

    17. Permit to Use Chemicals for the Control or Extermination of Undesirable Fish Lands and Forest

    18. Certificate of Environmental Safety (Liquid Natural Gas and Liquid Petroleum Gas)

    19. Floating Object Permit

    20. Marine Regatta Permit

    21. Navigation Aid Permit Marine Resources

    22. Digger's Permit (Shellfish)

    23. License of Menhaden Fishing Vessel

    24. License for Non-Resident Food Fishing Vessel

    25. Non-Resident Lobster Permit

    26. Marine Hatchery and/or Off-Bottom Culture Shellfish Permits

    27. Permits to Take Blue-Claw Crabs

    28. Permit to Use Pond or Trap Net

    29. Resident Commercial Lobster Permit

    30. Shellfish Bed Permit

    31. Shellfish Shipper's Permits

    32. Special Permit to Take Surf Clams from Waters other than the Atlantic Ocean

    33. Permit - Article 25, (Tidal Wetlands) Mineral Resources

    34. Mining Permit

    35. Permit to Plug and Abandon (a non-commercial, oil, gas or solution mining well)

    36. Underground Storage Permit (Gas)

    37. Well Drilling Permit (Oil, Gas, and Solution Salt Mining) Solid Wastes

    38. Permit to Construct and/or Operate a Solid Waste Management Facility

    39. Septic Tank Cleaner and Industrial Waste Collector Permit


      Water Resources

    40. Approval of Plans for Wastewater Disposal Systems

    41. Certificate of Approval of Realty Subdivision Plans

    42. Certificate of Compliance (Industrial Wastewater Treatment Facility)

    43. Letters of Certification for Major Onshore Petroleum Facility Oil Spill Prevention and Control Plan

    44. Permit - Article 36, (Construction in Flood Hazard Areas)

    45. Permit for State Agency Activities for Development in Coastal Erosion Hazards Areas

    46. State Pollutant Discharge Elimination System (SPDES) Permit

    47. Approval -Drainage Improvement District

    48. Approval - Water (Diversions for) Power

    49. Approval of Well System and Permit to Operate

    50. Permit - Article 15, (Protection of Water) - Dam

    51. Permit - Article 15, Title 15 (Water Supply)

    52. River Improvement District Approvals

    53. River Regulatory District Approvals

    54. Well Drilling Certificate of Registration

    55. 401 Water Quality Certification

10.00 Preparation and revision of Air Pollution State Implementation Plan.

11.00 Preparation and revision of Continuous Executive Program Plan.

12.00 Preparation and revision of Statewide Environmental Plan.

13.00 Protection of Natural and Man-made Beauty Program.

14.00 Urban Fisheries Program.

15.00 Urban Forestry Program.

16.00 Urban Wildlife Program. ENVIRONMENTAL FACILITIES CORPORATION

1.00 Financing program for pollution control facilities for industrial firms and small businesses. FACILITIES DEVELOPMENT CORPORATION

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. OFFICE OF GENERAL SERVICES

1.00 Administration of the Public Lands Law for acquisition and disposition of lands, grants of land and grants of easement of land under water, issuance of licenses for removal of materials from lands under water, and oil and gas leases for exploration and development.

2.00 Administration of Article 4-B, Public Buildings Law, in regard to the protection and management of State historic and cultural properties and State uses of buildings of historic, architectural or cultural significance.

3.00 Facilities construction, rehabilitation, expansion, or demolition. DEPARTMENT OF HEALTH

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

    1. Permit and approval programs:

    2. Approval of Completed Works for Public Water Supply Improvements

    3. Approval of Plans for Public Water Supply Improvements.

    4. Certificate of Need (Health Related Facility - except Hospitals)

    5. Certificate of Need (Hospitals)

    6. Operating Certificate (Diagnostic and Treatment Center)

    7. Operating Certificate (Health Related Facility)

    8. Operating Certificate (Hospice)

    9. Operating Certificate (Hospital)

    10. Operating Certificate (Nursing Home)

    1. Permit to Operate a Children's Overnight or Day Camp

    2. Permit to Operate a Migrant Labor Camp

    3. Permit to Operate as a Retail Frozen Dessert Manufacturer

    4. Permit to Operate a Service Food Establishment

    5. Permit to Operate a Temporary Residence/Mass Gathering

    6. Permit to Operate or Maintain a Swimming Pool or Public Bathing Beach

    7. Permit to Operate Sanitary Facilities for Realty Subdivisions

    8. Shared Health Facility Registration Certificate


DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ITS SUBSIDIARIES AND AFFILIATES

1.00 Facilities construction, rehabilitation, expansion, or demolition.

    1. Financial assistance/grant programs:

    2. Federal Housing Assistance Payments Programs (Section 8 Programs)

    3. Housing Development Fund Programs

    4. Neighborhood Preservation Companies Program

    5. Public Housing Programs

    6. Rural Initiatives Grant Program

    7. Rural Preservation Companies Program

    8. Rural Rental Assistance Program

    9. Special Needs Demonstration Projects

    10. Urban Initiatives Grant Program

2.10 Urban Renewal Programs

3.00 Preparation and implementation of plans to address housing and community renewal needs. HOUSING FINANCE AGENCY

1.00 Funding programs for the construction, rehabilitation, or expansion of facilities.

2.00 Affordable Housing Corporation JOB DEVELOPMENT AUTHORITY

1.00 Financing assistance programs for commercial and industrial facilities. MEDICAL CARE FACILITIES FINANCING AGENCY

1.00 Financing of medical care facilities. OFFICE OF MENTAL HEALTH

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

    1. Permit and approval programs:

    2. Operating Certificate (Community Residence)

    3. Operating Certificate (Family Care Homes)

    4. Operating Certificate (Inpatient Facility)

    5. Operating Certificate (Outpatient Facility)

OFFICE OF MENTAL RETARDATION AND DEVELOPMENT DISABILITIES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

    1. Permit and approval programs:

    2. Establishment and Construction Prior Approval

    3. Operating Certificate Community Residence

    4. Outpatient Facility Operating Certificate DIVISION OF MILITARY AND NAVAL AFFAIRS

1.00 Preparation and implementation of the State Disaster Preparedness Plan. NATURAL HERITAGE TRUST

1.00 Funding program for natural heritage institutions.

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (including Regional State Park Commission)

1.00 Acquisition, disposition, lease, grant of easement, or other activities related to the management of land under the jurisdiction of the Office.

2.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

3.00 Funding program for recreational boating, safety and enforcement.

4.00 Funding program for State and local historic preservation projects.

5.00 Land and Water Conservation Fund programs.

6.00 Nomination of properties to the Federal and/or State Register of Historic Places.

    1. Permit and approval programs:

    2. Floating Objects Permit

    3. Marine Regatta Permit

    4. Navigation Aide Permit

    5. Posting of Signs Outside State Parks

8.00 Preparation and revision of the Statewide Comprehensive Outdoor Recreation Plan and the Statewide Comprehensive Historic Preservation Plan and other plans for public access, recreation, historic preservation or related purposes.

9.00 Recreation services program.

10.00 Urban Cultural Parks Program.

POWER AUTHORITY OF THE STATE OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition. NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION

1.00 Corporation for Innovation Development Program.

2.00 Center for Advanced Technology Program. DEPARTMENT OF SOCIAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

2.00 Homeless Housing and Assistance Program.

    1. Permit and approval programs:

    2. Certificate of Incorporation (Adult Residential Care Facilities)

    3. Operating Certificate (Children's Services)

    4. Operating Certificate (Enriched Housing Program)

    5. Operating Certificate (Home for Adults)

    6. Operating Certificate (Proprietary Home)

    7. Operating Certificate (Public Home)

    8. Operating Certificate (Special Care Home)

    9. Permit to Operate a Day Care Center DEPARTMENT OF STATE

1.00 Appalachian Regional Development Program.

2.00 Coastal Management Program.

3.00 Community Services Block Grant Program.

    1. Permit and approval programs:

    2. Billiard Room License

    3. Cemetery Operator

    4. Uniform Fire Prevention and Building Code STATE UNIVERSITY CONSTRUCTION FUND

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. STATE UNIVERSITY OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the University.

2.00 Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.


THRUWAY AUTHORITY /CANAL CORPORATION/CANAL RECREATIONWAY COMMISSION (regional agency)

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land and other resources under the jurisdiction of the Thruway Authority, Canal Corporation, and Canal Recreationway Commission.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

    1. Permit and approval programs:

    2. Advertising Device Permit

    3. Approval to Transport Radioactive Waste

    4. Occupancy Permit

    5. Permits for use of Canal System lands and waters.

4.00 Statewide Canal Recreationway Plan

DEPARTMENT OF TRANSPORTATION

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Department.

    1. Construction, rehabilitation, expansion, or demolition of facilities, including but not limited to:

      1. Highways and parkways

      2. Bridges on the State highways system

      3. Highway and parkway maintenance facilities

      4. Rail facilities

    1. Financial assistance/grant programs:

    2. Funding programs for construction/reconstruction and reconditioning/preservation of municipal streets and highways (excluding routine maintenance and minor rehabilitation)

    3. Funding programs for development of the ports of Albany, Buffalo, Oswego, Ogdensburg and New York

    4. Funding programs for rehabilitation and replacement of municipal bridges

    5. Subsidies program for marginal branchlines abandoned by Conrail

    6. Subsidies program for passenger rail service

    1. Permits and approval programs:

    2. Approval of applications for airport improvements (construction projects)

    3. Approval of municipal applications for Section 18 Rural and Small Urban Transit Assistance Grants (construction projects)

    4. Approval of municipal or regional transportation authority applications for funds for design, construction and rehabilitation of omnibus maintenance and storage facilities

    5. Approval of municipal or regional transportation authority applications for funds for design and construction of rapid transit facilities

    6. Certificate of Convenience and Necessity to Operate a Railroad

    7. Highway Work Permits

    8. License to Operate Major Petroleum Facilities

    9. Outdoor Advertising Permit (for off-premises advertising signs adjacent to interstate and primary highway)

    10. Real Property Division Permit for Use of State-Owned Property

5.00 Preparation or revision of the Statewide Master Plan for Transportation and subarea or special plans and studies related to the transportation needs of the State.

6.00 Water Operation and Maintenance Program--Activities related to the containment of petroleum s pills and development of an emergency oil-spill control network.

URBAN DEVELOPMENT CORPORATION and its subsidiaries and affiliates

1.00 Acquisition, disposition, lease, grant of easement, or other activities related to the management of land under the jurisdiction of the Corporation.

    1. Planning, development, financing, construction, major renovation or expansion of commercial, industrial, and civic facilities and the provision of technical assistance or financing for such activities, including, but not limited to, actions under its discretionary economic development programs such as the following:

      1. Tax-Exempt Financing Program

      2. Lease Collateral Program

      3. Lease Financial Program

      4. Targeted Investment Program

      5. Industrial Buildings Recycling Program

3.00 Administration of special projects.

4.00 Administration of State-funded capital grant programs. DIVISION OF YOUTH

1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding or approval of such activities.


B. State Programs Necessary to Further the LWRP


STATE AGENCIES

DEPARTMENT OF ECONOMIC DEVELOPMENT

  1. Any action or provision of funds for the development or promotion of tourism related activities or development.

  2. Any action involving the Seaway Trail. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

  1. Planning, development, construction, major renovation, or expansion of facilities in waterfront, including recreational improvement projects.

  2. Advance assistance under the Small Communities and Rural Wastewater Treatment Grant Program and a subsequent construction grant subsidy.

  3. Review of actions within National Register Districts pursuant to SEQR. DIVISION OF HOUSING AND COMMUNITY RENEWAL

  1. Provision of funding under the Rural Preservation Company Program.

  2. Approval of funding for Rural Area Revitalization Program projects. JOB DEVELOPMENT AUTHORITY

1. Provision of low interest mortgage loans to local non-profit development corporations to finance commercial and industrial facilities.

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

  1. Planning, development, construction, major renovation or expansion of recreational facilities or the provision of funding for such facilities.

  2. Provision of funding for State and local activities from the Land and Water Conservation Fund.

  3. Planning, development, implementation or the provision of funding for recreation services programs.

  4. Certification of properties within the National Register Districts.

  5. Provision of funding for State and local historic preservation activities.

  6. Review of Type I actions within the National Historic Districts.

  7. Activities under the Urban Cultural Park program. DEPARTMENT OF STATE

  1. Provision of funding for the implementation of an approved LWRP.

  2. Provision of funding under the Community Services Block Grant program.

COUNCIL ON THE ARTS

1. Assistance from the Architecture and Environmental Arts program for a harborfront plan. DEPARTMENT OF TRANSPORTATION

1. Assistance for street repairs through the Consolidated Highway Improvements Program.

Section VII. Local Commitment & Consultation


In establishing the Local Waterfront Revitalization Program, the Project Team worked closely with the City’s Office of Community Development, the Project Advisory Committee, and the public. Public involvement began with the first draft of the LWRP in 1995, including community charrettes which involved informal design sessions, SUNY Plattsburgh student presentations, meetings with local property owners, and focus groups. Throughout the process, residents were able to provide input regarding projects and ideas for each of the subareas. Appendix D provides additional information on the early public involvement efforts.

The draft LWRP was next revised in February of 2010. After a series of successful planning and development projects involving Lake Champlain and the Saranac River, the City of Plattsburgh decided to conduct a comprehensive update to the 2010 Draft LWRP. Given the extensive amount of Lake Champlain and Saranac River shorelines within the City, as well as the variety of interests and priorities of the various stakeholders, a comprehensive public outreach process was necessary to facilitate meaningful participation. The Public Participation Plan, contained in Appendix E, identifies a variety of forums and methods used to engage interested individuals, organization, and agency representatives in the revision of the LWRP.

The City of Plattsburgh LWRP stakeholders were invited to share their ideas and concerns about the issues in the Waterfront Revitalization Area. Stakeholders were also asked to provide feedback to the Project Advisory Committee (PAC). The PAC was established to facilitate communication and cooperation among local governments, county and state agencies as well as interest groups and others essential to the preparation of the LWRP. The Committee includes representatives from government agencies, non-profit organizations and academic institutions.

Two community workshops were held during the LWRP update process. The PAC worked with the city and the consultants to schedule and participate in the community workshops. All members of the public were welcome to attend both workshops. The initial community workshop was held on October 28, 2015 at Stafford Middle School to obtain input from the general public, agencies, organizations, business owners, sports organizations, etc. Presentations were provided and included background information about the LWRP, identification of key groups involved in the Plan, along with relevant information, photos and graphics of key sites and issues within the WRA. Significant time was devoted to soliciting public input through small breakout groups during which meeting attendees will be asked to provide their input and recommendations related to Waterfront Revitalization Area project areas and issues (see Appendices F and G). Feedback was sought on a Draft Vision Statement for the City’s waterfront, to generate ideas regarding opportunities for each subarea, and to solicit feedback on project concepts.

The second community workshop was held on December 9, 2015 to seek feedback on the Draft LWRP and to review revised project concepts, which have been incorporated into Section IV.

Appendix A Guidelines for Notification and Review of State Agency Actions Where Local

Waterfront Revitalization Programs Are in Effect


  1. Purposes of Guidelines

    1. The Waterfront Revitalization of Coastal Areas and Inland Waterways Act (the Act) (Article 42 of the Executive Law) and the Department of State's regulations (19 NYCRR Part 600) require certain State agency actions identified by the Secretary of State to be consistent to the maximum extent practicable with the policies and purposes of the approved City of Plattsburgh Local Waterfront Revitalization Program (LWRP). These guidelines are intended to assist state agencies in meeting that statutory consistency obligation.

    2. The Act also requires that state agencies provide timely notice to the municipalities whenever an identified action will occur within the area covered by the approved LWRP. These guidelines describe a process for complying with this notification requirement. They also provide procedures to assist the municipalities in carrying out their review responsibilities in a timely manner.

    3. The Secretary of State is required by the Act to confer with state agencies and local governments when notified by the municipalities that a proposed state agency action may conflict with the policies and purposes of its approved LWRP. These guidelines establish a procedure for resolving such conflicts.

  2. Definitions

    1. Action means:

      1. A "Type I" or "Unlisted" action as defined by the State Environmental Quality Review Act (SEQRA);

      2. Occurring within the boundaries of the approved LWRP; and

      3. Being taken pursuant to a state agency program or activity which has been identified by the Secretary of State as likely to affect the policies and purposes of the approved LWRP.

    2. Consistent to the maximum extent practicable means that an action will not substantially hinder the achievement of any of the policies and purposes of the approved LWRP and, whenever practicable, will advance one or more of such policies. If an action will substantially hinder any of the policies or purposes of the approved LWRP, then the action must be one:

      1. For which no reasonable alternatives exist that would avoid or overcome any substantial hindrance;

      2. That will minimize all adverse effects on the policies or purposes of the LWRP to the maximum extent practicable; and

      3. That will result in an overriding regional or statewide public benefit.

    3. Local Waterfront Revitalization Program, or LWRP, means the program prepared and adopted by the City of Plattsburgh and approved by the Secretary of State pursuant to Executive Law, Article 42; which program contains policies on the management of land, water, and man-made resources, proposed land uses and specific projects that are essential to program implementation.

    4. Municipality refers to the City of Plattsburgh.

  3. Notification Procedure

    1. When a state agency is considering an action within the defined boundary of the LWRP, the state agency shall notify the Mayor of the City of Plattsburgh.

    2. Notification of a proposed action by a state agency:

      1. Shall fully describe the nature and location of the action;

      2. Shall be accomplished by use of either the State Clearinghouse, other existing state agency notification procedures, or through any alternative procedure agreed upon by the state agency and the municipality;

      3. Should be provided to the Mayor as early in the planning stages as possible, but in any event at least 30 days prior to the agency’s decision on the action. The timely filing of a copy of a completed Waterfront Assessment Form (WAF) to the Mayor of the City of Plattsburgh should be considered adequate notification of a proposed action.

      4. If the proposed action will require the preparation of a draft environmental impact statement, the filing of this draft document with the Mayor can serve as the state agency's notification to the City of Plattsburgh.

  4. Local Government Review Procedure

    1. Upon receipt of notification from a state agency, the municipality will be responsible for evaluating a proposed action against the policies and purposes of its approved LWRP. Upon request of the Mayor of the City of Plattsburgh, the state agency should promptly provide the City with whatever additional information is available which will assist the City to evaluate the proposed action.

    2. If the municipality cannot identify any conflicts between the proposed action and the applicable policies and purposes of its approved LWRP, it should inform the state agency in writing of its finding. Upon receipt of the municipality's finding, the state agency may proceed with its consideration of the proposed action in accordance with 19 NYCRR Part 600.

    3. If the municipality does not notify the state agency in writing of its finding within the established review period, the state agency may then presume that the proposed action does not conflict with the policies and purposes of the approved LWRP.

    4. If the municipality notifies the state agency in writing that the proposed action does conflict with the policies and/or purposes of its approved LWRP, the state agency shall not proceed with its consideration of, or decision on, the proposed action as long as the Resolution of Conflicts procedure established in E. below shall apply. The municipality shall forward a copy of the identified conflicts to the Secretary of State at the time when the state agency is notified. In notifying the state agency, the municipality shall identify the specific policies and purposes of the LWRP with which the proposed action conflicts.

  5. Resolution of Conflicts

    1. The following procedure applies whenever the municipality has notified the Secretary of State and state agency that a proposed action conflicts with the policies and purposes of its approved LWRP:

      1. Upon receipt of notification from the municipality that a proposed action conflicts with its approved LWRP, the state agency should contact the Mayor of the City of Plattsburgh to discuss the content of the identified conflicts and the means for resolving them. A meeting of state agency and municipal representatives may be necessary to discuss and resolve the identified conflicts. This discussion should take place within 30 days of the receipt of a conflict notification from the municipality.

      2. If the discussion between the municipality and the state agency results in the resolution of the identified conflicts, then, within seven days of the discussion, the municipality shall notify the state agency in writing, with a copy

        forwarded to the Secretary of State, that all of the identified conflicts have been resolved. The State agency can then proceed with its consideration of the proposed action in accordance with 19 NYCRR Part 600.

      3. If the consultation between the corresponding municipality and the state agency does not lead to the resolution of the identified conflicts, either party may request, in writing, the assistance of the Secretary of State to resolve any or all of the identified conflicts. This request must be received by the Secretary of State within 15 days following the discussion between the municipality and the state agency. The party requesting the assistance of the Secretary of State shall forward a copy of their request to the other party.

      4. Within 30 days following the receipt of a request for assistance, the Secretary, or a Department of State official or employee designated by the Secretary, will discuss the identified conflicts and circumstances preventing their resolution with appropriate representatives from the state agency and municipality.

      5. If agreement among all parties cannot be reached during this discussion, the Secretary shall, within 15 days, notify both parties of his/her findings and recommendations.

      6. The state agency shall not proceed with its consideration of, or decision on, the proposed action as long as the foregoing Resolution of Conflicts procedures shall apply.

Procedural Guidelines for Coordinating NYS Department of State (DOS) and LWRP Consistency Review of Federal Agency Actions

  1. DIRECT FEDERAL AGENCY ACTIVITIES

    1. After acknowledging the receipt of a consistency determination and supporting documentation from a federal agency, DOS will forward copies of the determination and other descriptive information on the proposed federal activities to the program coordinator and other interested parties.

    2. This notification will indicate the date by which all comments and recommendations must be submitted to DOS and will identify the Department's principal reviewer for the proposed federal activity.

    3. The review period will be about twenty-five (25) days. If comments and recommendations are not received by the date indicated in the notification, DOS will presume that the municipality has "no opinion" on the consistency of the proposed federal activity with the LWRP policies.

    4. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the municipality, DOS will contact the municipality to discuss any differences of opinion or questions prior to agreeing or disagreeing with the federal agency's consistency determination on the proposed federal activity.

    5. A copy of DOS' "concurrence" or "objection" letter to the federal agency will be forwarded to the local program coordinator.

  2. ACTIVITIES REQUIRING FEDERAL LICENSES, PERMITS AND OTHER REGULATORY APPROVALS

    1. DOS will acknowledge the receipt of an applicant's consistency certification and application materials. At that time, DOS will forward a copy of the submitted documentation to the local program coordinator and will identify the Department's principal reviewer for the proposed federal activity.

    2. Within thirty (30) days of receiving such information, the local program coordinator will contact the principal reviewer for DOS to discuss: (a) the need to request additional information for review purposes; and (b) any possible problems pertaining to the consistency of a proposed federal activity with the LWRP policies.

    3. When DOS and the local program coordinator agree that additional information is necessary, DOS will request the applicant to provide the information. A copy of this information will be provided to the local program coordinator upon receipt.

    4. Within thirty (30) days of receiving the requested information or discussing possible problems of a proposed federal activity with the principal reviewer for DOS, whichever is later, the local program coordinator will notify DOS of the reasons why a proposed federal activity may be inconsistent or consistent with the LWRP policies.

    5. After the notification, the local program coordinator will submit the municipality's written comments and recommendations on a proposed federal activity to DOS before or at the conclusion of the official public comment period. If such comments and recommendations are not forwarded to DOS by the end of the public comment period, DOS will presume that the municipality has "no opinion" on the consistency of the proposed federal activity with the LWRP policies.

    6. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the municipality on a proposed federal activity, DOS will contact the local program coordinator to discuss any differences of opinion prior to issuing a letter of "concurrence" or "objection" to the applicant.

    7. A copy of DOS' "concurrence" or "objection" letter to the applicant will be forwarded to the local program coordinator.

  3. FEDERAL FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    1. Upon receiving notification of a proposed federal financial assistance, DOS will request information on the federal financial assistance from the applicant for consistency review purposes. As appropriate, DOS will also request the applicant to provide a copy of the application documentation to the local program coordinator. A copy of this letter will be forwarded to the local program coordinator and will serve as notification that the proposed federal financial assistance may be subject to review.

    2. DOS will acknowledge the receipt of the requested information and provide a copy of this acknowledgement to the local program coordinator. DOS may, at this time, request the applicant to submit additional information for review purposes.

    3. The review period will conclude thirty (30) days after the date on DOS' letter of acknowledgement or the receipt of requested additional information, whichever is later. The review period may be extended for major federal financial assistance.

    4. The local program coordinator must submit the municipality's comments and recommendations on the proposed federal financial assistance to DOS within twenty days (or other time agreed to by DOS and the local program coordinator) from the start of the review period. If comments and recommendations are not received within this period, DOS will presume that the municipality has "no opinion" on the consistency of the proposed federal financial assistance with the LWRP policies.

    5. If DOS does not fully concur with and/or has any questions on the comments and recommendations submitted by the municipality, DOS will contact the local program coordinator to discuss any differences of opinion or questions prior to notifying the applicant of DOS' consistency decision.

    6. A copy of DOS' consistency decision letter to the applicant will be forwarded to the local program coordinator.

Appendix B Consistency Review Law


CITY OF PLATTSBURGH

Local Law # of the Year 20


Be it enacted by the Common Council of the City of Plattsburgh as follows:


GENERAL PROVISIONS


  1. Title.

    This Local law will be known as the City of Plattsburgh Local Waterfront Revitalization Program Consistency Review Law.


  2. Authority and Purpose.

    1. This local law is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).

    2. The purpose of this local law is to provide a framework for agencies of the City of Plattsburgh to incorporate the policies and purposes contained in the City of Plattsburgh Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions within the waterfront area; and to assure that such actions and direct actions undertaken by City agencies are consistent with the LWRP policies and purposes.

    3. It is the intention of the City of Plattsburgh that the preservation, enhancement and utilization of the unique waterfront area of the City take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate limited population growth and economic development. Accordingly, this local law is intended to achieve such a balance, permitting the beneficial use of waterfront resources while preventing loss and degradation of living waterfront resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural waterfront processes; impairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems.

    4. The substantive provisions of this local law shall only apply when there is in existence a City of Plattsburgh Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.


  3. Definitions.

    1. “Actions” include all the following, except minor actions:

      1. projects or physical activities, such as construction or any other activities that may affect natural, manmade or other resources in the waterfront area or the environment by changing the use, appearance or condition of any resource or structure, that:

        1. are directly undertaken by an agency; or

        2. involve funding by an agency; or

        3. require one or more new or modified approvals, permits, or review from an agency or agencies;

      2. agency planning and policymaking activities that may affect the environment and commit the agency to a definite course of future decisions;

      3. adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect waterfront resources or the environment; and

      4. any combination of the above.

    2. "Agency" means any board, agency, department, office, other body, or officer of the City of Plattsburgh.

    3. “Code Enforcement Officer” means the Building Inspector and/or Code Enforcement Officer of the City of Plattsburgh.

    4. "Consistent" means that the action will fully comply with the LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more of them.

    5. "Direct Actions" mean actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rule-making, procedure making and policy making.

    6. "Environment" means all conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the waterfront area.

    7. "Local Waterfront Revitalization Program” or “LWRP" means the Local Waterfront Revitalization Program of the City of Plattsburgh, approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the Office of the Clerk of the City of Plattsburgh.

    8. "Minor actions" include the following actions, which are not subject to review under this law:

      1. maintenance or repair involving no substantial changes in an existing structure or facility;

      2. replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by local law where structures may not be replaced, rehabilitated or reconstructed without a permit;

      3. repaving or widening of existing paved highways not involving the addition of new travel lanes;

      4. street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities;

      5. maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within the Waterfront Overlay District;

      6. granting of individual setback and lot line variances, except in relation to a regulated natural feature, a bulkhead or other shoreline defense structure;

      7. minor temporary uses of land having negligible or no permanent impact on waterfront resources or the environment;

      8. installation of traffic control devices on existing streets, roads and highways;

      9. mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;

      10. information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action;

      11. official acts of a ministerial nature involving no exercise of discretion, including building permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code.

      12. routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;

      13. conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action;

      14. collective bargaining activities;

      15. investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt;

      16. inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession;

      17. purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials;

      18. adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;

      19. engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this Part have been fulfilled;

      20. civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;

      21. adoption of a moratorium on land development or construction;

      22. interpreting an existing code, rule or regulation;

      23. designation of local landmarks or their inclusion within historic districts;

      24. emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to waterfront resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this Part;

      25. local legislative decisions such as rezoning where the Common Council determines the action will not be approved.

    1. “Waterfront Advisory Committee” or “Committee” means the committee of residents of the City of Plattsburgh, as created pursuant to this law. This Committee will be an adaptation of the LWRP Project Advisory Committee, which was established to facilitate communication and cooperation among local governments, county and state agencies as well as

      interest groups and others essential to the preparation of the LWRP. The LWRP PAC included residents, as well as representatives from government agencies, non-profit organizations and academic institutions.

    2. “Waterfront area" means the waterfront revitalization area located within the boundaries of the City of Plattsburgh and delineated and described in the City's Local Waterfront Revitalization Program.

    3. "Waterfront Assessment Form (WAF)" means the form, a sample of which is appended to this local law, used by an agency or other entity to assist in determining the consistency of an action with the City of Plattsburgh Local Waterfront Revitalization Program.


  4. Management and Coordination of the LWRP

    1. The City of Plattsburgh Planning Board shall be responsible for coordinating review of actions in the City’s waterfront area for consistency with the LWRP, and will advise, assist and make consistency recommendations to other City agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.

    2. The Planning Board shall coordinate with the New York State Department of State regarding consistency review of actions by Federal agencies and with State agencies regarding consistency review of their actions.

    3. The Planning Board shall assist the Common Council in making applications for funding from State, Federal, or other sources to finance projects under the LWRP.

    4. The Planning Board shall perform other functions regarding the waterfront area and direct such actions or projects as the Common Council may deem appropriate, to implement the LWRP.

  5. Review of Actions.

    1. Whenever a proposed action is located within the City’s waterfront area, each City agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Section H herein. No action in the waterfront area shall be approved, funded or undertaken by that agency without such a determination.

    2. Whenever a City agency receives an application for approval or funding of an action, or as early as possible in the agency's formulation of a direct action to be located in the waterfront area, the agency shall refer a copy of the completed WAF to the Planning Board within ten (10) days of its receipt, and prior to making its determination, shall consider the recommendation of the Planning Board with reference to the consistency of the proposed action.

    3. After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards set forth in Section H herein. The Planning Board shall require the applicant to submit all completed applications, WAFs, EAFs, and any other information deemed necessary to its consistency recommendation.

      The Planning Board shall render its written recommendation to the agency within thirty (30) days following referral of the WAF from the agency, unless extended by mutual agreement of the Planning Board and the applicant or in the case of a direct action, the agency. The Planning Board’s recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and shall elaborate in writing the basis for its opinion. The Planning Board shall, along with a consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards or to greater advance them.

      In the event that the Planning Board’s recommendation is not forthcoming within the specified time, the agency shall make its consistency decision without the benefit of the Planning Board's recommendation.

    4. If an action requires approval of more than one City agency, decision making will be coordinated between the agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as designated consistency review agency for the specific action being reviewed. Only one WAF per action will be prepared. If the agencies cannot agree, the Common Council shall designate the consistency review agency.

    5. Upon receipt of the Planning Board’s recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Section H herein. The agency shall consider the consistency recommendation of the Planning Board, the WAF and other relevant information in making its written determination of consistency. No approval or decision shall be rendered for an action in the waterfront area without a written determination of consistency having first been rendered by a City agency.

      The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this law. The Zoning Board of Appeals shall consider the written consistency recommendation of the Planning Board in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this law.

    6. Where an EIS is being prepared or required, the draft EIS must identify applicable LWRP policies standards in Section H and include a thorough discussion of the effects of the proposed action on such policy standards. No agency may make a final decision on an action that has been the subject of a final EIS and is located in the waterfront area until the agency has made a written finding regarding the consistency of the action with the local policy standards referred to in Section H herein.

    7. In the event the Planning Board’s recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards.

    8. Actions to be undertaken within the waterfront area shall be evaluated for consistency in accordance with the following summary of LWRP policy standards, which are derived from and further explained and described in Section III (Policies) of the City of Plattsburgh LWRP, a copy of which is on file in the City Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions must also consult with Section IV (Proposed Uses and Projects), in making their consistency determination. The action must be consistent with the 44 Local Waterfront Revitalization Policies.

    9. If the agency determines that an action will be inconsistent with one or more LWRP policy standards or objectives, such action shall not be undertaken unless modified to be consistent with the LWRP policies.

    10. Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Planning Board. Such files shall be made available for public inspection upon request.

  6. Enforcement.

    No action within the Plattsburgh waterfront area which is subject to review under this Chapter shall proceed until a written determination has been issued from a City agency that the action is consistent with the City’s LWRP policy standards. In the event that an activity is being performed in violation of this law or any conditions imposed thereunder, the Building Inspector or any other authorized official of the City shall issue a stop work order and all work shall immediately cease. No further work or activity shall be undertaken on the project so long as a stop work order is in effect. The City Building Inspector, City Attorney, Code Enforcement Officer and Police Department shall be responsible for enforcing this Chapter.

  7. Violations.

    1. A person who violates any of the provisions of, or who fails to comply with any condition imposed by, this Chapter shall have committed a violation, punishable by a fine not exceeding two hundred and fifty dollars ($250.00) for a conviction of a first offense and punishable by a fine of one thousand dollars ($1000.00) for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional violation.

    2. The City Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this local law. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.

  8. Severability.

    The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid.

  9. Effective Date.

This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

Appendix C

City of Plattsburgh Waterfront Assessment Form


  1. INSTRUCTIONS

    1. Applicants, or, in the case of direct actions, City agencies shall complete this Waterfront Assessment Form (WAF) for proposed actions which are subject to the LWRP Consistency Review Law. This assessment is intended to supplement other information used by a City agency in making a determination of consistency with the policy standards set forth in the LWRP Consistency Review Law.

    2. Before answering the questions in Section C, the preparer of this form should review the policies and policy explanations contained in the City of Plattsburgh Local Waterfront Revitalization Program (LWRP), a copy of which is on file in the offices of the City Clerk. A proposed action should be evaluated as to its beneficial and adverse effects upon the waterfront area and its consistency with the policy standards.

    3. If any question in Section C on this form is answered "yes", the proposed action may affect the achievement of the LWRP policy standards contained in the Consistency Review Law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that is consistent with the LWRP policy standards. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken.


  2. DESCRIPTION OF SITE AND PROPOSED ACTION

    1. Describe nature and extent of action:


      image



      image



      image



      image



      image


    2. Type of City agency action (check appropriate response):

      1. Directly undertaken (e.g. construction, planning activity, agency regulation, land transaction)


        image



        image



        image


      2. Financial assistance (e.g. grant, loan, subsidy)


        image



        image

      3. Permit, approval, license, certification


        image



        image


      4. Agency undertaking action:


        image



        image



        image


    3. If an application for the proposed action has been filed with a City agency, the following information shall be provided:

      1. Name of applicant


        image


      2. Mailing address:



        image



        image

      3. Telephone number:

        ( )

      4. Property tax number:


        image

      5. Application number, if any:


        image

    4. Will the action be directly undertaken, require funding, or approval by a State or federal agency? Yes No

      If yes, which State or federal agency?


      image

    5. Location of action (Street or Site Description and nearest intersection):


      image


      image

    6. Size of site (acres):

    7. Amount (acres) of site to be disturbed:

    8. Present land use:

    9. Present zoning classification:

    10. Describe any unique or unusual landforms on the project site (i.e. bluffs, wetlands, other geological formations):


      image


      image


      image


      image


      image


    11. Percentage of site that contains slopes of 15% or greater:

    12. Streams, lakes, ponds or wetlands existing within or continuous to the project area?

      1. Name

      2. Size (in acres)

    13. Is the property serviced by public water? Yes

    14. Is the property serviced by public sewer? Yes

      No No

  3. WATERFRONT ASSESSMENT (Check either "Yes" or "No" for each of the following questions). If the answer to any question above is yes, please explain in Section D any measures which will be undertaken to mitigate any adverse effects.


    1. Will the proposed action be located in, or contiguous to, YES NO or have a potentially adverse effect upon any of the resource areas

      image

      image

      found within the waterfront area (as identified in the City of Plattsburgh LWRP)?

      1. Significant fish or wildlife habitats?

      2. Scenic resources of local or State-wide significance?

      3. Important agricultural lands?

      4. Natural protective features in a coastal erosion hazard area?

      5. Designated State or federal freshwater wetlands?

      6. Commercial or recreational use of fish and wildlife resources?

      7. Existing or potential public recreation opportunities?

      8. Structures, sites or districts of historic, archaeological or cultural

      significance to the City of Plattsburgh, State or nation?


    2. Will the proposed action involve or result in any of the following: YES NO


      (a) Physical alteration of land along the shoreline, underwater


      land or surface waters?

      (b) Physical alteration of two (2) acres or more of land



      located elsewhere in the waterfront area?


      (c) Expansion of existing public services or infrastructure



      in undeveloped or low density areas of the waterfront area?


      (d) Siting or construction of an energy generation facility



      not subject to Article VII or VIII of the Public Service Law?


      (e) Excavation, filling or dredging in surface waters?

      (f) Reduction of existing or potential public access to, or along,



      the shoreline?

      (g) Sale or change in use of publicly-owned lands located on the



      shoreline or underwater?


      (h) Development within a designated flood or erosion hazard area?

      (i) Development on a beach, dune, bluff or other natural



      feature that provides protection against flooding or erosion?


      (l) Removal of ground cover from the site?





      YES

      NO

      (1) Does the project require a waterfront location?



      (2) Will water-related recreation be provided?



      (3) Will public access to the foreshore be provided?



      (4) Will it eliminate or replace a water-dependent use?



      (5) Will it eliminate or replace a recreational or maritime




      use or resource?

      (b) Is the project site presently used by the community neighborhood as an open space or recreation area?





      (c) Will the project protect, maintain and/or increase the level and types or public access to water-related recreation resources or facilities?





      (d) Does the project presently offer or include scenic views or vistas that are known to be important to the community?





      (e) Is the project site presently used for commercial or recreational fishing or fish processing?





      (f) Will the surface area of any local creek corridors or wetland areas be increased or decreased by the proposal?





      (g) Is the project located in a flood prone area?



      (h) Is the project located in an area of high coastal erosion?



      (i) Will any mature forest (over 100 years old) or other locally important vegetation be removed by the project?











      (l) Will the project involve transport, storage, treatment or disposal of solid waste or hazardous materials?





      (m) Will the project involve shipment or storage of petroleum products?





      (n) Will the project involve the discharge of toxics, hazardous substances or other wastes or pollutants into coastal waters?





      1. PROJECT

        1. If a project is to be located adjacent to shore:

      1. Do essential public services or facilities presently exist at or near the site?

      2. Will the project involve surface or subsurface liquid waste disposal?

      1. Construction or reconstruction of erosion protective structures?

      2. Diminished or degraded surface or groundwater quantity and/or quality?


      image


      (o) Will the project involve or change existing ice management practices?


      (p) Will the project alter drainage flow, patterns or surface water runoff on or from the site?





      (q) Will best management practices be utilized to control storm water runoff into coastal waters?





      (r) Will the project cause emissions that would exceed federal or State air quality standards or generate significant amounts of

      nitrates or sulfates?







  4. REMARKS OR ADDITIONAL INFORMATION TO SUPPORT OR DESCRIBE ANY ITEM(S) CHECKED “YES” (Add any additional sheets as necessary)


image


image


image


image



If you require assistance or further information in order to complete this form, please contact the City of Plattsburgh Planning Department.


Please submit completed form, along with one copy of a site/sketch plan to:

City of Plattsburgh Planning Department 41 City Hall Place

Plattsburgh, NY 12901

Phone: (518) 563-7730


Preparer's Name (Please print) : Affiliation:

image

Telephone Number: ( )


Date:

Appendix D Public Participation - 1995


Since the initial steps to begin a Local Waterfront Revitalization Program in 1995, the Project Team worked closely with the City's Community Development Department, and relied on the efforts of the former Downtown Future Planning Commission, the former Point Historic District Commission, and the previous Waterfront Advisory Committee.

The Project Team also made extensive use of public comments obtained as part of the various Lake Champlain Basin Program studies and technical reports referenced above, attended several public meetings in Plattsburgh, conducted telephone interviews with Realtors, and held a series of four focus group meetings with residents from each of the LWRP subareas.

A meeting with a group of residents from the Point neighborhood was used to gather public input on the LWRP for the Marina Subarea. The November 29, 1995 meeting took the format of an informal design and planning charrette. A progress report on the LWRP was provided by the consultant, sketch maps showing the proposed boundaries were distributed, and input was sought on three major areas: the entire City waterfront, the Point subarea, and the Harbor marina and railyards adjacent to the Historic District.

On January 9, 1996 the consultant team participated in SUNY design student presentations regarding design and development considerations for the downtown and Dock Street corridor areas and several meetings were held with local property owners.

As the LWRP draft was nearing completion in August, 1996, EastWest Planning (Riverstreet Planning) staff and a representative from the Department of State's Division of Coastal Resources and Waterfront Revitalization made a presentation to Plattsburgh's Mayor and City Council, requesting guidance and input regarding the creation of a Waterfront Advisory Committee, specific waterfront revitalization projects and potential local techniques for implementation.

On December 17, 1997, representatives from EastWest Planning & Development (Riverstreet Planning) conducted a series of four focus group meetings designed to elicit resident input regarding projects and ideas for each of the LWRP subareas. Approximately 25 people attended these meetings, of which the following signed in:


Paige Raville John S. Tanner Louise K. Tanner

Larry & Louise Blossom

Frank Pabst George J. Bouyea

David [name illegible]

Peggy Conroy & Laurie Gillett

Muhib "Mo" Hilweh Nancy Olsen

Art Spiegel

Wayne H. Byrne

Howard Kemp II Donna Drumm John LaDuke

Jaimie Trautman

* NOTE: Conroy & Gillet are geologists who would like to see geological features more widely interpreted, protected, and visited.

Several participants suggested strongly that the Lake Champlain Basin Program be included in the LWRP process.


MEETING NOTES:

During each meeting, the consultants introduced themselves and gave a brief report on the state's local waterfront revitalization program and the current status of the Plattsburgh LWRP.

In addition to these efforts, a waterfront advisory committee was formally established by the Plattsburgh Community Development director in the autumn of 1996. This group met on October 24, 1996; November 14, 1996; November 26, 1996; December 11,

1996; January 21, 1997; January 30, 1997; February 6, 1997; February 11, 1997; February 13, 1997; February 25, 1997 and March 20, 1997 for the purpose of commenting on and revising the draft local waterfront revitalization program.

The Waterfront Advisory Committee includes the following members: Rodney Brown, Clinton County Planning Office

Rosemarie Schoonmaker, City of Plattsburgh Community Development Office Dr. K. Dahlen, Eye Care of the Adirondacks

Kay Hubbell, Lake Champlain Pools

Art Spiegel, Trans Border Custom Services, Inc. Paige Raville, Lakeside Container Corporation

Councilor Chris Rotella, City of Plattsburgh Common Council Larry and Rita Blossom, City residents

John S. Tanner, City resident Sally Tourville, City resident

R. J. Fredette, interested party


The first Waterfront Advisory Committee met numerous times and reviewed the entire draft LWRP document in depth. A conclusion was made that the city does have public waterfront access, but it is not effectively utilized at present. The Committee cited Heritage Trail, City Beach, one-mile frontage at former air base, Wilcox Dock and Riverwalk as suitable places for additional development, but indicated that only very limited opportunities existed for new activities on existing private property. The Committee also noted that the waterfront was only utilized during three months of the year.


North End

Participants mainly represented Willow Beach homeowners (18 units along Scomotion Creek), but addressed waterfront concerns and issues for the whole waterfront area. Although they recognized the tremendous potential of the entire waterfront area, the homeowners were concerned about personal liability issues, since many beach visitors use Willow Beach's steps down to the waterfront (because of a lack of other access points). Proper signage and access to beach and across Scomotion Creek is needed. In addition, residents noted that Scomotion Creek is no longer just a wetland, it is an actual waterway which floods with increasing frequency. The City needs to control access along to the dunes and along the creek. Residents have begun taking out flood insurance in this area (a relatively new thing). Several people also indicated that the City needs to work closely with NYSDOT regarding bridge replacement at North Margaret Street. Another major issue concerned general waterfront cleanliness (this was an issue in all subzone meetings). Residents indicated that many boaters anchored just off the beach, then waded inland, leaving trash and human waste. Floating trash is also a problem. It was believed that pump-out facilities are located at the State beach and City marina, but additional facilities and signage are needed.

Most respondents did not seem to mind the idea of a mixed use waterfront, but felt that a continuous waterfront trail would be impractical owing to continuing erosion, buildings, and industrial uses.

One participant stated that the picnic pavilion is not readily accessible to local families, since parking is only available at the City Beach and must be paid for; it was perceived that parking fees are too high. It was suggested that the City work with the bike path group focusing on Cumberland Head. Willow Beach residents suggested that the street-end be deeded to the City, with the City then providing more formalized access to the waterfront as well as a bridge across Scomotion Creek.

With regard to the Cumberland Avenue/Wilcox Dock subarea, it was observed that sea planes used to fly in and out. Trash removal and protection of public from PCBs and other contamination was a priority--residents of Cumberland Avenue and Point View Terrace lakefront properties noted that trash removal is a constant effort. It was suggested that the City could coordinate with local college service sororities and fraternities to establish a clean-up program was received with mixed, but by no means majority enthusiasm by those present.


Cumberland Avenue/Wilcox Dock

One respondent felt that this area should be left in its current condition, with nature allowed to take its course. Most of the others felt that this area could be put to better use, but were very concerned about contamination resulting from previous uses. There was also a concern that additional development or improvements would result in too many new visitors and an increase in conflicts between users. Since much of this subzone is residential, with waterfront areas representing some of the city's prime housing, this is a particularly legitimate concern.

Most of the comments expressed during this meeting concerned the waterfront area as a whole. Participants suggested that the city work together with various planning and special interest groups to improve and capitalize on the waterfront, that interpretive and directional signage be developed and implemented, that the railroad be moved inland, and that incentives be developed to attract people to the downtown. One of the most vocal and optimistic participants was a business owner and immigrant from Europe. He suggested that the city build on current positive momentum, improve the city's image, encourage and assist in the development of new specialty stores and businesses for downtown.

In terms of specific projects and waterfront revitalization implementation techniques, participants suggested the development of a Margaret Street/Durkee Street walkway. The group felt strongly that a careful study of the various remediation alternatives proposed, should be made of the Wilcox Dock area before any alternatives are implemented. Presented with the recommendation that Point View Terrace neighborhood be designated a historic district, several respondents stated that NYS and local groups had already surveyed the city over the course of the past 20 years, and had completed all possible individual and district nominations to the National Register of Historic Places.


Dock Street – Durkee Street - Downtown Subarea

Participants at this meeting focused on the tremendous need for additional public access to the waterfront, the need to build on existing assets, and general beautification and improvement. It was also mentioned that GIS mapping was being completed by Saratoga Associates, the firm currently preparing a new master plan for the city. Generally, the group felt that there is a need for smaller improvement projects that can be completed quickly. Suggestions included putting utility lines underground, repaving Dock Street with original (historic) materials, installation of compatible lighting, general clean up, improved signage and interpretation (particularly as a means of attracting visitors to the marina, Juniper and downtown), and strengthening of the connections between the Heritage Trail and former baselands.

Several participants cited examples of successful waterfront revitalization projects in Burlington, Vermont and San Francisco, California and indicated that Plattsburgh should pursue similar mixed-use development blending recreational, scenic, historic, commercial, industrial, and environmental assets.

Several residents noted that public access has been possible only in a few small areas, including the foot of Dock/Bridge Street (marina), Juniper area (which is now closed off due to crime and vandalism), Riverwalk. Suggestions for potential projects included getting access to and improving the small beaches on the former Air Force base, improving the Green-Dock-Jay Street area for access, establishing a Revolutionary War Park, building a steel pier at city beach, and improved signage. The railyard and railroad tracks were considered a problem, with respondents indicating that the railyard is the last place on the Lake where it is possible to transfer cargo, and that the city needs to negotiate with C.P. Rail regarding usage of the right-of-way and safety/cleanliness monitoring.

Participants also suggested that the city consider projects in the short-, intermediate- and long-term.


Old Base Subarea

NOTE: The base is now almost totally unoccupied; participants at this meeting therefore consisted of residents from other parts of the city.

Participants in this meeting agreed that the city needs to work closely with the Old Base to establish and/or maintain public waterfront access on the former base lands. This group also emphasized that, in spite of the city's location on Lake Champlain, public access areas are extremely limited and overcrowded. Specific project suggestions included:

In advance of each Public Workshops, the PAC considered and agreed upon the methods that were employed in order to inform the public of the meeting date, time, location and purpose.

Stakeholder Focus Groups, Meetings and Key Contact Interviews: This Public Participation Plan identified a variety of potential groups with potential interest in providing feedback and participating in the planning process. While, for many groups, attendance at the public workshops may be sufficient to provide key input, the PAC had the opportunity to conduct focus group meetings and interviews with key groups and individuals to seek targeted feedback on specific elements of the project.


References:

Mohawk River Watershed Management Plan, Community Outreach/Public Participation Plan Old Saratoga Waterfront Revitalization Plan – Public Participation Plan

Appendix F Public Feedback during October 28, 2015 Workshop

Appendix G Online Public Feedback following October 28, 2015 Workshop


The comments on the following pages were received in response to an online survey that was available to the public following the workshop. The survey question is provided in bold above the responses.


Note: At the time of the workshop, the Upper Saranac subarea had not yet been identified for inclusion.


Appendix H Project Matrix


Previous planning reports were reviewed and a list of project suggestions was synthesized from all reports. The list of reports is presented on the first page, followed by the project matrix, which references the source in the right-hand column.


Appendix I Chapter 270 of the City of Plattsburgh Code: Zoning Law

Appendix J Recommended Zoning Changes


City of Plattsburgh Recommended Zoning Changes

For the Waterfront Overlay District


Based on the Local Waterfront Revitalization Program


06/01/09


Prepared for: City of Plattsburgh 41 City Hall Place

Plattsburgh, NY 12901


Prepared by:

image

Recommended Zoning Changes

The recommended zoning changes related to the Waterfront Overlay District are listed below, according to the location in the ordinance. Language to be added is indicated with an underline; language to be deleted is indicated with an overstrike.

Note: This language was modified slightly by the City of Plattsburgh in January 2016 to add the Waterfront Overlay District (OL-W) definition, make wording clearer, and to add a separate column for minimum yard requirements for shoreline setbacks in Schedule IV – Overlay District Area and Bulk Controls.


§270-4 Terms Defined

SHORELINE - The mean high water mark at which land adjoins the waters of Lake Champlain and the Saranac River within the city.

SHORELINE BUILDING SETBACK -- The shortest distance, measured horizontally, between any point of a building and the shoreline .

WATERFRONT OVERLAY DISTRICT (OL-W) – The purpose of the Waterfront Overlay District is to allow flexibility in the siting and review of development, above and beyond that set forth by the underlying zoning district, to foster unobstructed views to and from Lake Champlain and the Saranac River.


§270-14 Height Requirements

image

  1. Waterfront Overlay District. Buildings and structures within the Waterfront Overlay District may exceed the maximum height allowed in the underlying district when the following conditions are met:

    image

    1. The modification in the height requirement is necessary to fulfill the purposes of the Waterfront Overlay District, such as retaining views of the waterfront from public travel corridors or public use areas.

      1. Applicants wishing to exceed the height requirement must show during the Site Plan Review process, with architectural renderings, building elevations, or accurate photo-illustrations, that the desired view cannot be retained under the height requirement.

      2. The Planning Board shall make the ultimate decision as to whether the height modification is to be allowed. The Planning Board may require a scenic view easement prohibiting any construction or vegetation other than grasses in the view area. The easement should be enforceable by the City and in form acceptable to and approved by the City Attorney.

    2. The Floor Area Ratio does not exceed 1.


§270-15 Yard Requirements

image

  1. Waterfront Overlay District. The yard requirements of the underlying zoning district for buildings and structures within the Waterfront Overlay District may be modified up to the dimensions specified in Schedule IV when the following conditions are met:

    image

    1. The modification in the yard requirement is necessary to fulfill the purposes of the Waterfront Overlay District, such as retaining views of the waterfront.

      image

      1. Applicants wishing to modify the yard requirement must show during the Site Plan Review process, with architectural renderings, building elevations, or accurate photoillustrations, that the desired view cannot be retained under the yard requirement.

        image

      2. The Planning Board shall make the ultimate decision as to whether the yard modification is to be allowed.

    2. The Floor Area Ratio does not exceed 1.

      image

    3. Transition yard requirements are not subject to the Waterfront Overlay District modification.


§270-16 Building Coverage and Open Space Requirements

image

  1. Waterfront Overlay District. The building coverage and open space requirements of the underlying zoning district for buildings and structures within the Waterfront Overlay District may be modified up to the dimensions specified in Schedule IV when the following conditions are met:

    image

    1. The modification in the Building Coverage and Open Space requirement is necessary to fulfill the purposes of the Waterfront Overlay District, such as retaining views of the waterfront.

      image

      1. Applicants wishing to modify the Building Coverage and Open Space requirement must show during the Site Plan Review process, with architectural renderings, building elevations, or accurate photo- illustrations, that the desired view cannot be retained under applicable requirement.

        image

      2. The Planning Board shall make the ultimate decision as to whether the modification is to be allowed. 2. The Floor Area Ratio does not exceed 1.



§270-20(4)(H)(3)(a) PUD

  1. Consistency with approved land use plans.

    1. When reviewing PUD’s and site plans for proposals located within the former Plattsburgh Air Force Base, and/or within the OL-W (Waterfront Overlay District), the Planning Board shall require consistency to the maximum extent practicable with the City of Plattsburgh Comprehensive Plan, City of Plattsburgh Local Waterfront Revitalization Program and any approved or accepted base reuse plans. Open space and recreation areas on said plans shall be conserved as open space to the maximum extent practicable.

      image

    2. When reviewing PUD’s proposals located within the Waterfront Overlay District (OL-W), the Planning Board shall require consistency with the City of Plattsburgh Comprehensive Plan and the City of Plattsburgh Local Waterfront Revitalization Program. A Waterfront Assessment Form should be completed as part of the PUD process.


§270-32 Submission

  1. Site plan approval is not required for the following development, unless (1) it is requested by the Building Inspector under subparagraph C D, AND/OR (2) the development is located within the OL-W Waterfront Overlay District.

    image

  2. All development in the OL-W Zone requires site plan approval except:

    1. Repairs and Improvements, as described in §270-32 (B)(1) above 2. Renovations, as described in §270-32 (B)(2) above

3. Conversions

[NOTE: remainder of section §270-32 to be re-numbered accordingly]


§270-36 Guidelines for Review

  1. General Architecture

    image

    (6) The design of buildings within the Waterfront Overlay District (OL-W) shall take into account the potential for unobstructed views from public streets or other public lands to Lake Champlain.

  2. Streets, pedestrian walks and open space

    image

    (6) The design and location of pedestrian walks and open space within the Waterfront Overlay District (OL-W) shall accommodate views and access to Lake Champlain to the maximum extent practicable.

  3. Off-street parking and loading.

    (3)(a) The landscaping and/or screening of parking and loading facilities within the Waterfront Overlay District (OL-W) shall take into account the potential for unobstructed views from public streets or other public lands to Lake Champlain.

  4. Landscape Design

image

(5) The design, location, and materials for landscape design within the Waterfront Overlay District (OL-W) shall accommodate views and access to Lake Champlain to the maximum extent practicable.

Schedule IV

image

image

image

image

image

image

image

image

image

City of Plattsburg Waterfront Overlay District Area and Bulk Controls



Zoning District


Land Use


Minimum Lot Size Requirements (d)


Minimum Yard Requirements (e)

Building Height (Feet / stories)(b) (e)


Coverage (percent) (f)


Minimum Open Space (percent) (f)


Area (SF)

Area dwelling SF/unit


Width (ft.)


Depth (ft.)


Front


Side (one/both)3


Rear (ft.) (c )

Shoreline (c )


RC-1


Other permitted uses

10,000

n/a

70

100

0 20

20/30

210/40

10

20

35/2.5

30

50


Permitted residential uses

10,000

Current formula or 2,000

100

100

0 12

10/30

112/30

10

20

35/2.5

40

40


RC-2

Other permitted uses

10,000

n/a

100

100

0 12

10/30

112/30

10

20

35/2.5

40

40

Other permitted uses

15,000

(a)

125

75

0 15

10/30

112/30

20

20

49/3.5

25

50

image

image

image

image



Zoning District


Land Use


Minimum Lot Size Requirements (d)


Minimum Yard Requirements

(e)

Building Height (Feet / stories)(b) (e)


Coverage (percent) (f)


Minimum Open Space (percent) (f)


Area (SF)

Area dwelling SF/unit


Width (ft.)


Depth (ft.)


Front


Side (one/both)3

Rear (ft.) (c )


Shoreline (c )


B-1


Other

15,000

(a)

125

75

0 30

10/30

112/30

20

20

49/3.5

25

50


Permitted

10,000

n/a

70

100

0 30

10/30

112/30

10

10

30/2

50

15


R-1

No change for underlying district


No change for underlying district


No change for underlying district


No change for underlying district

R-2


I

  1. see Schedule III, Calculations Formulas for Area and Bulk Controls

  2. see Supplementary Regulations

  3. all area and bulk control requirements shall exclude land between the waterside property boundary and the high water elevation

  4. see §270-15, Yard Requirements (e) see §270-14, Height Requirements

(f) see §270-16, Building Coverage and Open Space requirements

1 20% of the setback can be used for parking

2 No parking allowed in the setback

3 No fence, hedge, treeline, structure, or other permanent obstruction of greater height than three feet

shall be permitted within the larger of the two side yard areas.