BY A WATERFRONT LOCATION · waterfront revitalization program policies ... activities or development in the coastal area will be ... its communities

SECTION III

WATERFRONT REVITALIZATION PROGRAM POLICIES

Contents

DEVELOPMENT POLICIES

POLICY 1

POLICY 1A

POLICY 2

POLICY 2A

POLICY 2B

POLICY 2C

POLICY 3

POLICY JI

RESTORE, REVITALIZE, Am> REDEVELOP DETERIORATED Am> UNDERUTILIZED WATERFRONT AREAS FOR COMMERCIAL Am> INDUSTRIAL,CULTURAL, RECREATIONAL AND OTHER COMPATIBLE USES............... 1

RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED AND UNDERUTILIZED WATERFRONT AREAS IN THE CITY OF OSHEGO TO ACHIEVE AMIXTURE OF USES SERVING THE VARIED INTERESTS OF OSWEGO......... 1

FACILITATE THE SITING OF WATER-DEPENDENT USES Am> FACILITIESON OR ADJACENT TO COASTAL WATERS............................... 2

FACILITATE APPROPRIATE INDUSTRIAL AND COMMERCIAL USES IN THEOSWEGO WATERFRONT AREA WHICH REQUIRE OR CAN BENEFITSUBSTANTIALLY FROM A WATERFRONT LOCATION AND WHICH WILLPROVIDE ADDITIONAL EMPLOYMENT OPPORTUNITIES TO STRENGTHENTHE LOCAL OSWEGO ECONOMY....................................... 2

FACILITATE APPROPRIATE ACTIVE AND PASSIVE RECREATIONAL USESAND CULTURAL USES IN THE OSWEGO WATERFRONT AREA WHICH REQUIREOR CAN BENEFIT SUBSTANTIALLY FROM A WATERFRONT LOCATION ANDWHICH WILL INCREASE THE NUMBER OF JOBS AND THE USE OFOSWEGO'S WATERFRONT............................................ 3

AS OPPORTUNITIES ARISE, ENCOURAGE THE POSSIBLE RELOCATION OFEXISTING NON-WATER DEPENDENT USES FROM THE OSWEGO WATERFRONTTO OTHER APPROPRIATE AREAS SUITABLE FOR CONDUCTING THEACTIVITY IN QUESTION, THEREBY MAKING WATERFRONT SITESAVAILABLE FOR WATER-DEPENDENT USES OR ACTIVITIES ENHANCEDBY A WATERFRONT LOCATION....................................... 3

ENCOURAGE THE DEVELOPMENT OF THE STATE'S EIISTIHG MAJORPORTS OF ALBANY, BUFFALO, HEW lORI, OGDENSBURG, Am> OSWEGO ASCENTERS OF COMMERCE AND INDUSTRY, AND ENCOURAGE THE SITING,IN THESE PORT AREAS, INCLUDING THOSE UNDER THE JURISDICTIONOF STATE PUBLIC AUTHORITIES, OF LAND USE Am> DEVELOPMENT WHICHIS ESSENTIAL TO OR IN SUPPORT OF WATERBORNE TRANSPORTATION OFCARGO AND PEOPLE ••• III ••••••• III •••••• III • • • • • • • • • • • • • • • • • • • • • • • • • • • 5

The State Coastal Policy regarding development of smaller harborareas 19 not applicable to Oswego.............................. 6

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POLICY 5

POLICY SA

POLICY 5B

CONTENTS (Continued)

ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLICSERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT AREADEQUATE, EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONALREQUIREMENTS OR OTHER CHARACTERISTICS WHICH NECESSITATES ITSLOCATION IN OTHER COASTAL AREAS............................... 6

THE CITY OF OSWEGO WILL MAINTAIN AND, WHERE NECESSARY,IMPROVE PUBLIC SERVICES AND FACILITIES TO ASSURE CONTINUEDABILITY TO MEET EXISTING AND FUTURE NEEDS...................... 7

ENCOURAGE DEVELOPMENT TO OCCUR IN SUCH A MANNER AS TOALLOW ADEQUATE WATERFRONT OPEN SPACE AND PUBLIC ACCESSTO THE WATERFRONT.... . . • • . • • • • • • . . . . . . . . • • • . • . . . • • • • • • • • • • • • • • • 7

POLICY 5C FOSTER ENERGY CONSERVATION BY ENCOURAGING PROXIMITYBETWEEN HOME, WORK AND LEISURE ACTIVITIES WITHIN THEMIXED-USE WATERFRONT REVITALIZATION AREA, WHICH HASTRADITIONALLY CHARACTERIZED THE OSWEGO WATERFRONT.............. 7

POLICY 6 EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THESITING OF DEVELOPMENT ACTIVITIES AT SUITABLE LOCATIONS........ 8

POLICY 61 IN ORDER TO FACILITATE THE SITING OF DEVELOPMENT PROJECTS ATSUITABLE LOCATIONS IN THE OSWEGO WATERFRONT AREA, THE CITYWILL CONTINUE ITS EFFORTS TO SIMPLIFY LOCAL DEVELOPMENTCONTROLS, CONSISTENT WITH OTHER STATE WATERFRONTREVITALIZATION AND COASTAL RESOURCES ACT POLICIES.............. 8

POLICY 6B· WHEN PROPOSING NEW REGULATIONS, IF THIS IS FOUND NECESSARY,THE CITY WILL EXAMINE THE FEASIBILITY OF INCORPORATING THEREGULATIONS WITHIN EXISTING PROCEDURES, IF THIS REDUCES THEBURDEN ON A PARTICULAR TYPE OF DEVELOPMENT AND WILL NOTJEOPARDIZE THE INTEGRITY OF THE REGULATIONS' OBJECTIVES........ 8

POLICY 6c WHEREVER POSSIBLE, WORK WITH COUNTY, STATE, AND FEDERALAGENCIES TO IDENTIFY AND IMPLEMENT WAYS TO EXPEDITE PERMITTINGPROCEDURES TO FACILITATE THE SITI~~ OF DEVELOPMENT ACTIVITIESAT SUITABLE LOCATIONS •..•••..••••.•••.••••••••••••. <II • • • • • • •• • • • a

FISH AND VTJ.DLIFE POLICIES

POLICY 7 SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS, AS IDENTIFIEDON THE COASTAL AREA HAP, SHALL BE PROTECTED, PRESERVED AND,WHERE PRACTICAL, RESTORED so AS TO MAINTAIN THEIR VIABILITYAS HABITATS.................................................... 9

11

POLICY 7A

POLICY 8

POLICY SA

POLICY SB

POLICY 9

POLICY 9A

POLICY 9B

POLICY 10


AVOID OR PREVENT, INSOFAR AS POSSIBLE, ACTIVITIES ASSOCIATEDWITH LAND USE OR DEVELOPMENT WHICH WOULD DESTROY OR SIGNIFICANTLY IMPAIR THE VIABILITY OF A HABITAT AREA, IN ORDER TOPRESERVE AND PROTECT SIGNIFICANT FISH AND WILDLIFE HABITATSIN THE OSWEGO COASTAL AREA..................................... 10

PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREAFROM THE INTRODUCTION OF HAZARDOUS WASTES .A1ID OTHERPOLLUTANTS WHICH BIOACCUHULATE IN THE FOOD CHAIN OR WHICHCAUSE SIGNIFICANT LETHAL EFFECT ON THOSE RESOURCES............ 11

PREVENT THE INTRODUCTION OF HAZARDOUS WASTES AND OTHERPOLLUTANTS WHICH CAUSE A DETERIORATION IN FISH AND WILDLIFERESOURCES •••••.••••••••••••••••••.•••.•••••..•••••••••••••••••• 11

MANAGE OR REGULATE WASTES HAVING THE POTENTIAL FOR CONTAMINATING FISH AND WILDLIFE HABITATS AND PROVIDE PROPER ENFORCE-MENT OF EXISTING LOCAL REGULATIONS TO PROTECT HABITATS......... 11

EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES INCOASTAL AREAS BY INCREASING ACCESS TO EXISTING RESOURCES,SUPPLEMENTING EXISTING STOCKS AND DEVELOPING NEW RESOURCES.SUCH EFFORTS SHALL BE HADE IN A MANNER WHICH ENSURES THEPROTECTION OF RENEWABLE FISH AND WILDLIFE RESOURCES ANDCONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM.................. 12

EXPAND THE RECREATIONAL USE OF THE OSWEGO FISH AND WILDLIFERESOURCES BY ASSISTING WHERE FEASIBLE IN IMPLEMENTING NEWWATERFRONT FACILITIES OR IMPROVEMENT OF EXISTING FACILITIESFOR FISHING AND BOATING ACTIVITIES............................. 12

ENCOURAGE THE EXPMJSION OF RECREATIONAL FACILITIESTO SUPPORT THE GROWTH OF THE TOURIST INDUSTRy••••.••••••••••••• 12

FURTHER DEVELOP COMMERCIAL FINFISH, SHELLFISH ANDCRUSTACEAN RESOURCES IN THE COASTAL AREA...................... 13

FLOODING AND EROSION HAZARDS POLICIES

POLICY 11 BUILDING AND OTHER STRUCTURES WILL BE SITED IN THE COASTALAREA SO AS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERINGOF HUMAN LIVES CAUSED BY FLOODING AND EROSION................. 14

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POLICY 11A ON COASTAL LANDS IDENTIFIED AS EROSION HAZARD AREAS IN THECITY OF OSWEGO, BUILDINGS AND OTHER STRUCTURES PROPOSED FORCONSTRUCTION SHALL BE SET BACK OR OTHERWISE SITED SUFFICIENTTO MINIMIZE DAMAGE FROM EROSION. STRUCTURES SUCH AS PIERS,DOCKS, AND ACCESS WAYS NECESSARY FOR THE USE OF THE WATERWILL BE PLACED SO AS TO MINIMIZE EROSION PROBLEMS. IN COASTALAREAS OF THE CITY SUBJECT TO STORM WAVE WASH FROM HIGH VELOCITYWATERS, ADEQUATE MEASURES WILL BE UTILIZED TO MINIMIZE DANGERSTO STRUCTURES OR PEOPLE FROM COASTAL STORM HAZARDS ••••••••••••• 14

POLICY 11B IN AREAS IDENTIFIED AS FLOODWAYS, ADEQUATE MEASURES WILL BEUTILIZED TO MINIMIZE DANGERS TO STRUCTURES OR PEOPLE FROMFLOOD WATERS................................................... 15

POLICY 12

POLICY 13

POLICY 14

POLICY 15

POLICY 16

ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BEUNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES ANDPROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURALPROTECTIVE FEATURES INCLUDING BEACHES, DUNES, BARRIER ISLANDS,AND BLUFFS. PRIMARY DUNES YILL BE PROTECTED FROM ALLENCROACHMENTS THAT COULD IMPAIR THEIR NATURAL PROTECTIVECAPACITI. . . • . . . . . . . • • • . • • • • . . . • . . . . . . • • • . . . . . . . . . . • • . . . . . • . . • • , 5

THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTIONSTRUCTURES SHALL BE UNDERTAKEN ONLY IF THEY HAVE A REASONABLEPROBABILITY OF CONTROLLING EROSION FOR AT LEAST 30 YEARS ASDEMONSTRATED IN DESIGN AND CONSTRUCTION STANDARDS AND/ORASSURED MAINTENANCE OR REPLACEMENT PROGRAMS................... 15

ACTIVITIES AND DEVELOPMENT, IRCLUDING THE CONSTRUCTION ORRECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BEUNDERTAKEN SO THAT THERE WILL BE NO MEASURABLE INCREASE INEROSION OR FLOODING AT THE SITE OF SUCH ACTIVITIES ORDEVELOPMENT OR AT OTHER LOCATIONS............................. 16

MINING, EXCAVATION, OR DREDGING IN COASTAL WATERS SHALL NOTSIGNIFICANTLY INTERFERE YITH THE NATURAL COASTAL PROCESSESWHICH SUPPLY BEACH MATERIALS TO LAND ADJACENT TO SUCH WATERSAND SHALL BE UNDERTAKEN nl A HANNER WHICH WILL NOT CAUSE ANINCREASE IN EROSION OF SUCH LAND.............................. 16

PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVESTRUCTURES WHERE NECESSARY TO PROTECT HUMAN LIFE, AND NEWDEVELOPMENT WHICH REQUIRES A LOCATION WITHIN OR ADJACENT TO ANEROSION HAZARD AREA. TO BE ABLE TO FUNCTION. OR EXISTINGDEVELOPMENT; AND ONLY WHERE THE PUBLIC BENEFITS OUTWEIGH THELONG-TERM MONETARY AND OTHER COSTS INCLUDING THE POTENTIAL FORINCREASING EROSION AND ADVERSE EFFECTS ON NATURAL PROTECTIVEFEATURES. • • . . . • . • • • • • • • • • • • . . • • • • • • • • • • • • . . . . . . • • . • . • • • • • • • • • • • 17

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POLICY 17


WHENEVER POSSIBLE, USE NONSTRUCTURAL MEASURES TO MINIMIZEDAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING ANDEROSION. • . . . . . . • • . . • . • • . . . . . . • • • • • • • • • • . • . • . . • . • • • • . . • • • • • • • , 7

GENERAL POLICY

POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVIRONMENTALINTERESTS OF THE STATE AND OF ITS CITIZENS, PROPOSED MAJORACTIONS IN THE COASTAL AREA MUST GIVE FULL CONSIDERATION TOTHOSE INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE HASESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS •••••• 18

PUBLIC ACCESS POLICIES

POLICY 19 PROTECT, MAINTAIN AND INCREASE THE LEVELS AND TYPES OF ACCESSTO PUBLIC WATER-RELATED RECREATION RESOURCES AND FACILITIES SOTHAT THESE RESOURCES AND FACILITIES HAY BE FULLY UTILIZED BYALL THE PUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATEDPUBLIC RECREATIOn NEEDS AND THE PROTECTION OF HISTORIC ANDNATURAL RESOURCES. IN PROVIDING SUCH ACCESS, PRIORITY SHALLBE GIVEN TO PUBLIC BEACHES, BOATING FACILITIES, FISHING AREASAND WATERFRONT PARKS........................................... 18

POLICY 19A MAINTAIN AND REPAIR, AS NEEDED, THOSE FACILITIES UNDERLOCAL GOVERNMENT CONTROL WHICH AFFECT PUBLIC USE OF THEWATERFRONT AND PROVIDE NECESSARY SAFETY AND SANITATIONSERVICES FOR AREAS UNDER LOCAL JURISDICTION •••••••••••••••••••• 19

POLICY 20 ACCESS TO THE PUBLICLY OWNED FORESHORE AND TO LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR THE WATER'S EDGE THAT AREPUBLICLY OWNED SHALL BE PROVIDED, AND IT SHOULD BE PROVIDEDIN A HANNER COMPATIBLE WITH ADJOINING USES. SUCH LANDSSHALL BE RETAINED IN PUBLIC OWNERSHIP •••••••••••••••••••••••••• 20

POLICY 20A OBTAIN PUBLIC ACCESS TO THE FORESHORE THROUGH THE USE OFEASEMENTS, L~ID PURCHASE, OR OTHER APPROPRIATE MEASURESWHERE NECESSARY AND FEASIBLE................................... 22

RECREATION POLICIES

POLICY 21 VATER-DEPENDENT AND VATER-ENHANCED RECREATION SHALL BEENCOURAGED AND FACILITATED AND SHALL BE GIVEN PRIORITY OVERHOHWATER-RELlTED USES !LONG THE COAST, PROVIDED IT IS CONSISTENT WITH THE PRESERVATION AND ENHANCEMENT OF OTHER COASTALRESOURCES AND TAXES INTO ACCOUNT DEMAND FOR SUCH FACILITIES.IN FACILITATING SUCH ACTIVITIES, PRIORITY SHALL BE GIVEN TOAREAS WHERE ACCESS TO THE RECREATION Ol"PORTUNITIES OF THECOAST CAN BE PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTA-

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TION SERVICES AND TO THOSE AREAS WHERE THE USE OF THE SHOREIS SEVERELY RESTRICTED BY EXISTING DEVELOPMENT ••••••••••••••••• 23

POLICY 21A PROVIDE OPPORTUNITIES FOR WATER-RELATED RECREATION SUCH ASBOATING AND FISHING AS WELL AS RECREATIONAL ACTIVITIES WHICHARE ENHANCED BY A COASTAL LOCATION SUCH AS PEDESTRIAN ANDJOGGING PATHS, PICNIC AREAS, AND SCENIC VIEWS •••••••••••••••••• 24

POLICY 21B PROVIDE FOR A PROPER INTEGRATION OF RECREATIONAL AND OTHERWATER-DEPENDENT OR WATER-ENHANCED ACTIVITIES IN THE OSWEGOWATERFRONT AREA................................................ 24

POLICY 21C CONTINUE TO MAINTAIN ADEQUATE TRANSPORTATION FACILITIESSERVING WATER-RELATED RECREATIONAL NEEDS •...•..•.••••...•••..•• 24

POLICY 22 DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE, SHALLPROVIDE FOR HATER-RELATED RECREATION. AS A MULTIPLE USE,WHENEVER SUCH RECREATIONAL USE IS APPROPRIATE IN LIGHT OFREASONABLY ANTICIPATED DEMAND FOR SUCH ACTIVITIES AND THEPRIMARY PURPOSE OF THE DEVELOPMENT ••....••••••..••••••...••.••• 25

POLICY 22A ENCOURAGE THE EXPANSION OF WATER-RELATED RECREATIONALFACILITIES TO SUPPORT THE GROWTH OF THE TOURIST INDUSTRy••••••• 25

POLICY 23 PROTECT, ENHANCE AND RESTORE STRUCTURES. DISTRICTS, AREASOR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE, ARCHEOLOGY OR CULTURE OF THE STATE, ITS COMMUNITIESOR THE NATION III .. .. .. 26

POLICY 231 MAINTAIN AND RESTORE OSWEGO'S HISTORIC HERITAGE FOUND ATMANY LOCATIONS IN AND AROUND THE WATERFRONT AREA ••••••••••••••• 28

POLICY 23B MAINTAIN AND ENHANCE OSWEGO'S TRADITIONAL LINKS BETWEENHISTORIC AREAS OF DOWNTOWN O~IEGO AND THE WATERFRONT •••••••.••• 28

SCENIC QUALITY POLICIES

POLICY 24

POLICY 25

PREVENT IMPAIRMENT OF SCENIC RESOURCES OF STATEWIDE SIGNIFI-CANCE... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 29

PROTECT, RESTORE AND ENHANCE NATURAL AND HAN-HADE RESOURCESWHICH ARE NOT IDENTIFIED AS BEING OF STA~DE SIGNIFICANCE,BUT WHICH CONTRIBUTE TO THE SCENIC QUALITY OF THE COASTALAREA.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 29

POLICY 25A PROTECT AND ENHANCE SCENIC RESOURCES IN OSWEGO, BOTH NATURALAND MAN-MADE, HAVING LOCAL AND STATEWIDE SIGNIFICANCE •••••••••• 29

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AGRICULTURAL LANDS POLICY

POLICY 26 The State Coastal Policy regarding agricultural lands is notapplicable to Oswego. 30

ENERGY AND ICE HANAGEHEHT POLLICIES

POLICY 27 HOT INCLUDED IN THE LOCAL PROG~ ••••••••••••••••••••••••••• 30

POLICY 28 ICE HANAGEMENT PRACTICES SHALL NOT DAMAGE SIGNIFICANT FISHAND WILDLIFE AND THEIR HABITATS, INCREASE SHORELINE EROSIONOR FLOODING, OR INTERFERE WITH THE PRODUCTION OF HYDRO-EI.ECTRIC PO'WER................................................. 30

POLICY 29 NOT INCLUDED IN THE LOCAL PROG~ ••••••••••••••••••••••••••• 30

WATER AND AIR RESOURCES POLICIES

POLICY 30

POLICY 31

POLICY 32

POLICY 33

POLICY 34

POLICY 35

MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE OFPOLLUTANTS, INCLUDING BUT NOT LIMITED TO, TOXIC ANDHAZARDOUS SUBSTANCES, INTO COASTAL WATERS WILL CONFORMTO STATE AND NATIONAL WATER QUALITY STANDARDS •••••••••••••••••• 30

STATE COASTAL AREA POLICIES AND PURPOSES OF APPROVED LOCALWATERFRONT REVITALIZATION PROGRAMS WILL BE CONSIDERED WHILEREVIEWING COASTAL WATER CLASSIFICATIONS AND WHILE MODIFYINGWATER QUALITY STANDARDS; HOWEVER, THOSE WATERS ALREADY OVERBURDEllED WITH COllTAMINANTS WILL BE RECOGNIZED AS BEING ADEVaOPliENT CONSTRAINT.......................................... 31

The State Coastal Policy regarding alternative or innovativesanitary waste systems is not applicable to Oswego............ 32

BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THECONTROL OF STORHWATER RUNOFF AND COMBINED SEWER OVERFLOWSDRAINING INTO COASTAL WATERS................................... 32

DISCHARGE OF WASTE MATERIALS FROM VESSELS INTO COASTAL WATERSWILL BE LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND WILDLIFEHABITATS, RECREATIONAL AREAS AND WATER SUPPLY AREAS............ 32

DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL WATERS WILLBE UNDERTAKEN IN A HANHER THAT MEETS EXISTING STATE DREDGIBGPERMIT REQUIREMENTS, AND PROTECTS SIGNIFICANT FISH ANDwnDLIFE HABITATS, SCENIC RESOURCES, NATURAL PROTECTIVEFEATURES, IMPORTANT AGRICULTURAL LANDS,. AiD \lETLANDS........... 32

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POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLEUMAND OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN A MANNERTHAT WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO COASTALWATERS; ALL PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE THE CLEANUP OF SUCH DISCHARGES; AND RESTITUTION FORDAMAGES WILL BE REQUIRED ~~EN THESE SPILLS OCCUR .••..•.••••••• 33

POLICY 37 BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO MINIMIZE THENONPOINT DISCHARGE OF EXCESS NUTRIENTS. ORGANICS AND ERODEDSOILS INTO COASTAL WATERS ••••••••••••••••••••••••••••••••••••• 33

POLICY 38 THE QUALITY AND QUANTITY OF SURFACE AND GROUNDWATER SUPPLIESWILL BE CONSERVED AND PROTECTED. PARTICULARLY WHERE SUCH WATERSCONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY••••••••• 33

POLICY 39 THE TRANSPORT. STORAGE. TREAllffiNT AND DISPOSAL OF SOLIDWASTES. PARTICULARLY HAZARDOUS WASTES. WITHIN COASTALAREAS WILL BE CONDUCTED IN SUCH A MANNER SO AS TO PROTECTGROUNDWATER AND SURFACE WATER SUPPLIES. SIGNIFICANT FISHAND WILDLIFE HABITATS. RECREATION AREAS. IMPORTA..'1TAGRICULTURAL LAND AND SCENIC RESOURCES •••••••••••••••••••••••• 34

POLICY 40 EFFLUENT DISCHARGE FROM MAJOR STEAM ELECTRIC GENERATINGAND INDUSTRIAL FACILITIES INTO COASTAL WATERS WILL NOT BEUNDULY INJUROUS TO FISH AND WILDLIFE AND SHALL CONFORM TOSTATE WATER QUALITY STANDARDS .••••••••••••••..•••••••..••••••• 34

POLICY 41 LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL NOT CAUSENATIONAL OR STATE AIR QUALITY STANDARDS TO BE VIOLATED•••••••• 34

1POLICY 42 NOT INCLUDED IN THE LOCAL PROGRAM •••••••••••••••••••••••••••• 35

1POLICY 43 NOT INCLUDED IN THE LOCAL PROGRAM •••••••••••••••••••••••••••• 35

POLICY 44 PRESERVE AND PROTECT TIDAL AND FRESHWATER WETLANDS ANDPRESERVE THE BENEFITS DERIVED FROM THESE AREAS •••••••••••••••• 35

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D1NB:LOl'HEN'r POLICIES

POLIcr 1

FOLICf lA

RESTORE. R!'1ITALIZE. AND REDEVELOP DB'XXRIORAl'ml AND tJNDERD'I'ILIZEDRMEllFRONT AREAS lOR CCHHERCIAL AND nmUSTRIAL. alL'l'URAt.. 1lECREA.noNAI. AND O'IHER. CCHPKrXSLE USES.

Exglanation of Policy

Local, state and federal agencies must ensure that their actionsfurther the revitalization of urban waterfront areas. The transferand purchase of property; the construction of a new officebuilding. highway or park; the provision of tax incentives tobusinesses; establis~ent of enterprise zones. are all examples ofsoverr~ental means for spurring econo~ic growth. ~~en any suchaction. or siQilar actiou is proposed. it must be analyzed todetermine if the action would contribute to or adversely affect awaterfront revitalization effort. Revitalization of once dyna:icwaterfront areas is one of the cost effective ceans of encouragingecono~c gr~~th without cons~ng valuable open space outside ofthe waterfront area. Waterfront redevelopcent is also one of themost effective means of rej~venating or stabilizing residential andcocmerciat districts adjacent to the redevelo~ent area.

In impi~enting this policy. several other policies must be considered: (1)' Uses requiring a location abutting the waterfront must begiven priority in any redevelopcent effort (see Policy 2); (2) asexplained in Policy 5. one reason for revitalizing previously dynamic waterfront areas is that tbe costs for providing basic servicesto such areas is frequently less than providing new services toareas not·· previously d·ev.eloped; (3) the likelihood for successfullysimplifiing pe~it procecures and easing certain requir~ents(Policy 6) will be increased if a discrete area and not the entireurban waterfront is tbe focus for this effort. In turn. ease inobtaining pe~its should increase developers' interest to ir.vest inthese areas. Further. once this concentrated effort has succeeded.stabilization and revitalization of surrounding areas is core likely to occur. Local gover~ent tbrough waterfront revitalizationprogra:s has the pricary responsibility for icpl~enting thispolicy.

RESTORE. RE'lIT,4.LIZE. "lID REDEI/ELO? OPPORTUNITY SITES IN T"riE: OS"olECOIo1AIERfRCNT AREA "liD UTILIZE AVAILABLE PUBLIC AND PRIVATE R.ESCURCESTO ACrlIEVE A MIXTUP~ OE' COMPATI3LE WATEPSRCNT USES.

Exglanation of Policy

The City of O~ego's waterfront area is possibly the single greates~ asset for stimulating econ~ic developcent ~o create neY e=ployment opportunities. By encouraging appropriate use of theopportunity sites discussed in Section II. Inventory and Analysis.the City will maintain a cli.:late which is .ttrac~ive to pcivateiavestors intereated in profitable ventures. The City is cocmittedto a revitalization of the Oswego waterfron~ .a a meaas for

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POLICY 2

POLICY 2A

encouraging economic grcweh as well as expaDding the use andenjaymene of the waterfrone for a mixeure of aceivieies. Thecriteria or guidelines for deee:=ining consistency wieh this policy!Delude:

1. Giving priority to uses which are dependene on. or enhanced by.a location adjacent to the water.

2. Encouraging private inieiaeives which lead to a mixture ofdevelopment which is compatible with the desired characeer ofthe area.

3. Promoeing act~v~e~es or actions which serve as a catalyse eoprivaee invesemene and have the poteneial to improve the Ciey'seconocic base.

4. Enco~rasing activities which improve the physical appearance andenhance the unique qualities of the Oswego waterfront as well asenhance scenic vistas and achieve a mixture of canpatible uses.

s. Incorporating public access eo the waeerfront. whereappropriaee. and integraeing cultural and recreationalaceivieies with economic development to achieve a compatiblemixture of waeerfront land uses.

l!'ACJLITA:rE THE SITrnc OJ!' WA:rER-DEPENDENT USES AND P'ACTI.ITIES ON ORADJACENT TO COASTAL WATERS.

Exolanaeion of Pol~£!

There is a finiee &count of waterfront space suitable fordevelopment purposes. Consequently. while the demand for any givenpiece of property will fluctuate in response to varying econanic·an~ social conditions. the only reasonable expectation is thatlong-ter: demand for waterfront space will intensify.

The traditional method of land allocation. i.e •• the real estatemarket. with or without local land use controls. offers littleassurance that uses which require waterfront sites will. in fact.have access to the State's coastal waters. To ensure that suchwater-dependent uses can continue to be accomcodated within theState. State agencies will avoid undereaking. funding. or apptovingnon-water dependent uses when such uses would pree:pt the reasonable foreseeable deve10pcent of water dependent uses. Such water

.'Aependene uses could include induserial and co=ercial activity to. expand the local econoa:y as well as a llIixeure of housing and retailactivity or recreaeiona1 uses. depending on site location and sizeand public funding or privaee inieiaeive.

FACILITATE APPROPRIATE mDUSTRIAL AND COMMERCur. USES m 'IRE OSWa:;OWATERFRONT AREA WIOI REQUIRE OR CAN BENEFIT SUBSTANTIALLY FROM AWATERFRONT LOCATION AND WIOI WILL PROVme ADDITIONAL EHPLO'lMENTOPPORTUNITIES TO STRE:lGTHEN 'IRE LO~ OSWEGO ECONOMY.

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POLICY2B

POLICY 2C

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FACILITATE APPROPRIATE ACTIVE AND PASSIVE RECREATIONAL USES ANDCULTURAL USES IN mE OSWEGO WATERFRONT AREA WHICH REQUIRE OR CANBENEFIT SUBSTANTIALLY FROM A WATERFRONT LOCATION AND WHICH,WHENEVER POSSIELE, WILL INCREASE 'mE NUMBER OF JOBS AND 'mE USE OFOSWEGO'S WATERFRONT.

AS OPPOR'IDNITIES ARISE, ENCOURAGE mE POSSIELE RELOCATION OFEXISTING NON-WATER DEPENDENT USES FROM 'mE OSWEGO WATERFRONT TOO'mER APPROPRIATE AREAS SUITABLE FOR CONDUCTING 'mE ACTIVITY INQUESTION, THEREBY MAKING WATERFRONT SITES AVAILABLE FOR WATERDEPENDENT USES OR ACT IV ITIES ENHANCED BY A WATERFRONT LOCATION.

The City of Oswego has a finite amount of waterfront space suitablefor development purposes. While virtually all of the uses currently sited at the Oswego waterfront are either water-dependent or areenhanced by a waterfront location. the City needs to ensure thatthe future use of undeveloped or under-utilized sites enhances theCity's waterfront, by encouraging only those new activities in thewaterfront area which are water-dependent or water-enhanced, asdemand for the use of this area increases. The waterfront areas ofparticular importance are the Opportunity Sites discussed inSection II, Inventory and Analysis.

The following uses and facilities are considered as waterdependent:

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

o recreational activities which depend on access to coastal waters(for example: swimming, fisbing, boating, wildlife, viewing):

o ·uses involved in the sea/land transfer of goods (for example:docks. loading areas, pipelines, short-term storage facilities,especially activities of the Port of Oswego):

o structures needed for navigational purposes (for example: locks,dams. lighthouses):

o flood and erosion protection structures (for example: breakwaters, bulkheads):

o facilities needed to store and service boats and ships (forexample: marinas. boat repair. boat construction yards):

o uses requiring large quantities of water for processing andcooling purposes (for example: hydroelectric power plants, fishprocessing plants, pumped storage power plants):

o uses that rely heavily on the waterborne transportation of rawmaterials 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. cementplant~. quarries):

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o uses which operate under such severe time constraints that proximiry to shipping facilities becomes critical (for example:finns processing perishable foods):

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

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

In addition to water dependent uses, uses which are enhanced by awaterfront location should be encouraged to locate along the shore,though not at the expense of water dependent uses. A waterenhanced use is defined as a use that has no critical dependence onobtaining a waterfront location, but the profitabiliry of the useand/or the enjoyment level of the users would be increased significantly if the use were adjacent to, or had visual access to, thewaterfront. A restaurant which uses good site design to takeadvantage of a waterfront view, and a golf course which incorporates thecoastline into the course design, are two examples of waterenhanced uses.

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

The criteria or guidelines for detennining consistency with thesepolicies include:

1. Matching water-dependent or water-enhanced uses with suitablelocations to avoid conflicts between competing uses in the waterfront area.

2. Providing adequate sewer. water. power supply, and transportation facilities to development sites.

3. Providing adequate, safe access for those activities to be conducted on the water.

4. Providing protection from degradation to other natural andman-made coastal resources.

4

POLICY 3

5. Giving preference to water-dependent uses at underutilized sitesthrough capital programming. permit expediting. financial incentives and other local actions to promote such sites.

6. Providing adequate space for expansion of successful waterdependent uses in the future.

ENCOURAGE THE DEVELOPMENT OJ!' THE STATE'S EXISTING Hl\JOR PORTS OFALBANY. BUI!'l!'ALO. NEW YORK. OGDENSBURG. AND OSWEGO AS CENTERS OFCOMMERCE AND INDUSTRY. AND ENCOURAGE THE SITING. IN THESE PORTAREAS. lNCLUDING THOSE UNDER THE JURISDICTION OJ!' STATE PUBLICAuTHORITIES, OJ!' LAND USE AND DEVELOPMENT WHICH IS ESSENTIAL TO ORIN SUPPORT OF WAXERBORNE TRANSPORTATION OF CARGO AND PEOPLE.

The aim of this policy is to support port development in New York.Albany. Buffalo. Ogdensburg. and Oswego. Three other developmentpolicies discussed in this Section, have significant implicationsfor port development. namely: water dependency, concentration ofdevelopment. and the expediting of permit reviews. In implementingthis policy. state agencies will recognize the legally establishedjurisdictional boundaries of the port authorities and will abide bythe following guidelines:

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

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

3. Landfill projects in the near shore areas will be regarded as anacceptable activity within major port areas, provided adverseenvironmental impacts are acceptable under all applicableenvironmental regulations and a strong economic justification isdemonstra ted.

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

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Policy 4

Policy 5

5. When not already restricted by existing laws or covenants andwhen there is no overriding regional or statewide public benefitfor doing otherwise, surplus public land or facilities within oradjacent to a major port shall be offered for sale, in the firstinstance, to the appropriate port authority.

6. In the programming of capital projects for port areas, highestpriority will be given to projects that promote the developmentand use of the port. However, in determining such priorities,consideration must also be given to non-port related interestswithin or near the ports that have demonstrated critical capitalprogramming needs.

7. No building, piers, wharves, or vessels shall be abandoned orotherwise left unused by a public agency or sold without makingprovisions for their maintenance in sound condition or for theirdemolition or removal.

8. Port development shall provide opportunities for public accessinsofar as these opportunities do not interfere with theday-to-day operations of the port and the port authority and itstenants do not incur unreasonable costs.

The State Coastal Policy regarding development of smaller harborareas is not applicable to Oswego.

ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLIC SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE ADEqUATE.EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL REQUIREMENTS OROTHER CHARACTERISTICS WHICH NECESSITATES ITS LOCATION IN O'I'HBRCOASTAL AREAS.

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, particularlylarge-scale development, in the Coastal Area will be encouraged tolocate within, contiguous to, or in close proximity to, existingareas of concentrated development where infrastructure and publicservices are adequate, where topography, geology, and otherenvironmental conditions are suitable for and able to accommodatedevelopment.

The above policy is intended to strengthen existing residential,industrial and commercial centers; foster an orderly pattern ofgrowth where outward expansion is occurring; increase the productivity of existing public services and moderate the need to providenew public services in outlying aress; preserve open space in sufficient amounts and where desirable; foster energy conservation by

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POLICY SA

POLICY SB

POLICY 5C

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encouraging proximity between home. work, and leisure activities.

MAINTAIN AND, WHERE NECESSARY. IMPROVE PUBLIC SERVICES ANDFACILITIES TO ASSURE CONTINUED ABILITY TO MEET EXISTING AND FUTURENEEDS.

ENCOURAGE DEVELOPMENT TO OCOJR IN SUCH A MANNER AS TO ALLOW ADEQUATE WATERFRONT OPEN SPACE AND PUBLIC ACCESS TO THE WATERFRONT.

FOSTER ENERGY CONSERVATION BY ENCOURAGING PROXIMITY BEnJEEN HOME.WORK AND LEISURE ACrIVITIES WITHIN THE MIXED-USE WATERFRONT REVITALIZATION AREA, WHICH HAS TRADITIONALLY CHARACTERIZED THE oswmoWATERFRONT.

Explanation of Pol~EZ

The City of Oswego constitutes an area of concentrated developmentwhere public facilities and services are available and adequate tomeet the existing needs as well as foreseeable demands from futuredevelopment. The criteria or guidelines for determiningconsistency with these policies include:

1. Streets and highways serving proposed development sites canadequately accommodate traffic generated by new activities.

2. Water needs for consumption. processing. cooling. and firefighting can be met by the water supply system.

3. Sewage and solid waste disposal systems can accommodate thewastes generated by new development.

4. Energy requirements of new activities can be accommodated.

5. Stormwater runoff from development sites can be accommodated byonsite and/or off-site facilities.

6. Schools. police and fire protection. and health and social services are adequate to meet the needs of the population expactedto live, work. shop. visit. or conduct business in the City as aresult of new development.

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POLICY 6

POLICY 6A

POLICY 6B

POLICY 6C

EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITING OFDEVELOPMENT ACTIVITIES AT SUITABLE LOCATIONS.


For specific types of development activities and in areas suitablefor such development, State agencies and local governments participating in the Waterfront Revitalization Program will make everyeffort to coordinate and synchronize existing permit procedures andregulatory programs, as long as the integrity of the regulations'objectives is not jeopardized. These procedures and programs willbe coordinated within each agency. Also, efforts will be made toensure that each agency's procedures and programs are synchronizedwith other agencies' procedures at each level of government.Regulatory programs and procedures will be coordinated and synchronized between levels of government. and if necessary, legislativeand/or programmatic changes will be recommended. When proposingnew regulations, an agency will determine the feasibility of incorporating the regulations within existing procedures, if thisreduces the burden on a particular type of development and will notjeopardize the integrity of the regulations' objectives.

m ORDER TO FACILITATE THE SITING OF DEVELOPMENT PROJECTS ATSUITABLE LOCATIONS IN THE OSWEGO WATERFRONT AREA, THE CITY WILLCONTINUE ITS EFFORTS TO SIMPLIFY LOCAL DEVELOPMENT CONTROLS. CONSISTENT WITH OTHER STATE WATERFRONT REVITALIZATION AND COASTALRESOURCES ACT POLICIES.

WHEN PROPOSING NEW REGULATIONS, IF THIS IS FOUND NECESSARY. THECITY WILL EXAMINE THE FEASmILITY OF INCORPORATING THE REGULATIONSWITHIN EXISTING PROCEDURES, IF THIS REDUCES THE BURDEN ON A PARTICULAR TYPE OF DEVELOPMENT AND WILL NOT JEOPARDIZE THE INTEGRITY OFTHE REGULATION S' OBJECTIVES.

WHEREVER pOSSmLE, WORK WITH COUNTY, STATE. AND FEDERAL AGENCIES TOIDENTIFY AND IMPLEHENT WAYS TO EXPEDITE PERMITTING PROCEDURES TOFACILITATE THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLELOCATIONS.

~planation of PolicX

The City of Oswego's efforts in expediting permit procedures arepart of a much larger system for regulating development. which alsoincludes County, State, and Federal government agencies. The Cityof Oswego wishes to encourage new development by continuing itsefforts to reduce unnecessary regulatory requirements whereverpossible. To be ultimately successful. the City's efforts must bematched by those at other levels of government. over which the Cityhas no control. The State Waterfront Revitalization and CoastalResources Act establishes a basis at the State level to achieve asynchronized and coordinated system of regulatory programs andprocedures between levels of government.

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For its part, the City of Oswego Local Waterfront RevitalizationProgram includes the identification of any needed changes to localland development laws and regulations. In addition. as possibleareas for improving County. State. or federal level pemittingprocedures are identified at the local level. these will be broughtto the attention of the Depar~ent of State and/or other apropriateagencies. The criteria or guidelines for determining consistencywith these policies include:

1. Recommendations identified during the course of the Oswego LWRPto improve land development regulations in Oswego. such as, forexample. amending the City's Zoning Ordinance. if needed.

2. Recommendations identified at the local or other governmentallevel for improving land development regulations. if needed.

FISH AND RILDLIFE POLICIES-------- ---POLICY 7 SIGNIFICANT COASTAL FISH AND RILDLIFE HABITATS, AS IDENTIFIED ON

THE COASTAL AREA HAP. SHALL BE PROTECTED. PRESERVED AND. WEREPRACTICAL. RESTORED SO AS TO MAINTAIN mEIR VIABn.ITt AS HABITATS.

Explanation of PolicZ

Habitat protection is recognized as fundamental to assuring thesurvival of fish and wildlife populations. Certain habitats areparticularly critical to the maintenance of a given population andtherefore merit special protection. Such habitats exhibit one ormore of the following characteristics:

o are essential to the survival of a large portion of a particularfish or wildlife population (e.g•• feeding grounds. nurseryareas):

o .support populations of rare and endangered spicies:o are found at a very low frequency within a coastal region:o support fish and wildlife populations having significant commer

cial and/or recreational value: ando would be difficult or impossible to replace.

In order to protect and preserve a significant habitat, land andwater uses or development shall not be undertaken if such actionsdestroy or significantly impair the viability of an area as ahabitat. The range of generic activities most likely to affectsignificant coastal fish and wildlife habitats include but are notlimited to the following:

o draining wetlands, ponds causing changes in vegetation, or changes in groundwater and surface water hydrology:

o filling wetlands. shallow areas of streams. lakes, bays" estuaries which may change the physical character of substrate (e.g.,sandy. to muddy, or smother vegetation. alter surface waterhydrology) :

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POLICY 7A

o grading land resulting in vegetation removal, increased surfacerunoff, or increased soil erosion and downstre~ sedimentation:

o clear cutting which may cause loss of vegetative cover, increased fluctuations in ~ount of surface runoff, or increasedstreambed scouring, soil erosion, sediment deposition;

o dredging or excavation which may cause a change in substratecomposition, possible release of contaminants otherwise storedin sediments, removal of aquatic vegetation, or changed circulation patterns and sediment transport mechanisms:

o dredge spoil disposal which may induce shoaling of littoralareas or changed circulation patterns;

o physical alteration of shore areas through channelization orconstruction of shore structure wich may change volume and rateof flow or increase scouring/sedimentation: and

o 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 stores in landfills whichmay cause increased mortality or sublethal effects on organisms,alter their reproductive capabilities, or reduce their value asfood organisms.

AVOID OR PREVENT, INSOFAR AS POSSIBLE, ACrIVITIES ASSOCIATED WITHLAND USE OR DEVELOPMENT WHICH WOULD DESTROY OR SIGNIFICANTI.Y IMPAIRTHE VIABILITY OF A HABITAT AREA, IN ORDER TO PRESERVE AND PROTEcrSIGNIFICANT FISH AND WILDLIFE HABITATS IN THE OSWEGO COASTAL AREA.


Within the City of Oswego coastal area several significant fish andwildlife habitats have been identified which need to be protectedand preserved (see Figure 2, Section II). When a proposed land useor development project is likely to alter the biological, physical,or chemical par~eters of fish and wildlife habitats beyond thetolerance range of organisms occupying the habitat, therebysignificantly imparing or destroying the viability of that habitat,such use or project would be inconsistent with City policy.Indicators of a significantly impared habitat may include: reducedcarrying capacity, changes in food chain relationships or speciesdiversity, reduced productivity and/or increased incidence ofdisease and mortality. The criteria or guidelines for determiningconsistency with these policies include:

1. Protection, preservation, or restoration of significant fish andwildlife habitats.

2. Enforcement of the State Eavironmental Quality Review Act requiring the preparation of an environmental impact statement for anyaction that is likely to have a significant impact upon theenvironment.

10

POLICY 8

POLICY 8A

POLICY 8B

3. Enforcement of local land development regulations forcontrolling activities associated with land use or developmentwhich affect the viability of fish and wildlife habitats.

4. Enforcement of existing regulations to protect coastal areas.

PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREA FROM THEINTRODUCTION OF HAZARDOUS WASTES AND OTHER POLLUTANTS WICH BlOACaJHlJLATE IN THE FOOD aIAIN OR WHICH CAUSE SIGNIFICANT SUBLKTHAL ORLEniAL EFFECT ON THOSB RESOURCES.

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 definedin Environmental Conservation Law §S27-0901(3)] as ''waste orcombination of wastes which because of its quantity. concentration.or physical, chemical, or infectious characteristics may: (a)cause. or significantly contribute to an increase in mortality oran increase in serious irreversible. or incapacitating reversibleillness; or (b) pose a substantial present or potential hazard tohuman health or the environment when improperly treated. stored.transported, disposed or otherwise managed."

The handling (storage. transport. treatment and disposal) of hazardous materials is being strictly regulated in New York State toprevent their entry or introduction into the environment. particularly into the State's air. land, and waters. Such controls shouldeffectively minimize possible contamination of and bie-accumulationin the State's coastal fish and wildlife resources at levels thatcause mortality or create physiological and behavioral disorders.

Other pollutants are those conventional wastes, generated frompoint and non-point sources. and not identified as hazardous wastesbut controlled through other State laws.

PREVENT THE INTRODUCTION OF HAZARDOUS WAsTES AND OTHER POLLUTANTSWHICH CAlISE A DETERIORATION IN FISH AND Wll.DLIFE RESOURCES.

MANAGE OR REGULATE WASTES HAVING THE POTENTIAL FOR CONTAMINATINGFISH Jo,l;D Wll.DLIFE HABITATS AND PROVIDE PROPER ENFORCEMENT OFEXISTING LOC'AL REGULATIONS TO PROTECT HABITATS.

The fish and wildlife resources in the Oswego area are included inState monitoring efforts to determine changes in levels of toxicmaterials or pollutants as well as in efforts to alleviate existingproblems associated with the previous introduction of thesematerial~ to the environment. Although much of the responsibility

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POLICY 9

POLICY 9A

POLICY 9B

for controlling hazardous wastes and pollutants is at the Stateagency level. the city will exercise its local autbori ty in supportof State efforts. The criteria or guidelines for determiningconsistency with these policies include: .

1. Actions undertaken as needed to manage or regulate wastes entering the environment.

2. Amendment, as necessary, of local regulations pertaining tohazardous wastes and pollutants.

3. Enforcement of existing local regulations to protect coastalareas.

EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES DI OOASTALAREAS BY D1CREASING ACCESS TO EXISTING RESOURCES. SUPPLEMENTINGEXISTING STOCKS AND DEVELOPING NEW RESOURCES. SUCH EFFORTS SHALLBE HADE, DI A MANNEJl WICH ENSURES THE PROTECTION OF RENEWABLE FISHAND WILDLIFE RESOURCES AND OONSIDERS OTHER ACTIVITIES DEPENDENT ONTHEM.

~planation of Poli=r

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

Any efforts to increase recreational use of these resources will bemade in a manner which ensures the protection of fish and wildliferesources in marine and freshwater coastal areas and which takesinto consideration other activities dependent on these resources.Also, such efforts must be done in accordance with existing Statelaw and in keeping with sound resource management considerations.Such considerations include biology of the species. carrying capacity of the resource. public demand, costs and available technology.existing or future utilization of the State's recreational fish andwildlife resources, and potential for overutilization or impairmentof the habitat.

EXPAND mE RECREATIONAL USE OF mE OSWEGO FISH AND WILDLIFE RESaJRCES, INCLUDIOO THE FISHERY IDENTIFIED ON FIGURE 2. SECTION II. BYASSISTING. WHERE FEASIBLE, IN IMPLEMENTING NEW WATERFRONTFACILITIES OR IMPROVEMENT OF EXISTIOO FACILITIES FOR FISHIOO ANDBOATING AC'rIVITIES.

ENCOURAGE mE EXPANSION OF RECREATION,6L FACILITIES TO SUPPORT THEGROWTH OF THE TOURIST INDUSTRY.

~planation of Policl

The City of Oswego is, through a variety of State-level initiativesand local efforts, becoming established as an area with importantrecreational fish and wildlife resources. These efforts include

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POLICY 10

improvements to water quality, improved public access, and stockingof certain species. The facilities which are being planned orconstructed for boating and fishing as well as more passive recreational enjoyment of the water are expected to peDnit substantiallyexpanded use of the waterfront. The criteria or guidelines fordeteDnining consistency with these policies include:

1. Provision of public access to recreational use of fish andwildlife resources, while at the same time supporting adequateopportunities for other water-dependent or water-enhancedactivities.

2. Provision of new facilities, or improvements to existingfacilities, which allow for greater recreational use of fish andwildlife resources.

3. Expansion of the tourist industry.

FURTHER DEVELOP COMMERCIAL FINFISH. SHELLFISH AND CRUSTACEANRESOU1l.CES IN THE COASTAL AREA.


Commercial fishery development activities must occur within thecontext of sound fishery management principals developed and enforced within the State's waters by the New York State Departmentof Environmental Conservation and the management plans developed bythe Regional Fisheries Management Councils (~ad-Atlantic and NewEngland) and enforced by the U.S. National Marine Fisheries Servicewithin the Fishery Conservation Zone. (The Fishery ConservationZone is the area of coastal waters extending from the three-mileState waters boundary to the 200 mile offshore boundary of the u.s.waters. The Conservation Zone is authorized by the U.S. FisheryConservation and Management Act of 1976.) Sound resourcemanagement considerations would include optimum sustained yieldlevels developed for specific commercial fish species, harvestrestrictions imposed by State and Federal governments. and theeconomic. political (uses conflicts) and technological constraintsto utilizing these resources.

The following guidelines should be considered by local, state andfederal agencies as they determine the consistency of theirproposed action with the above policy:

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

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

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3. Consideration should be made by local. state and federalagencies whether an action will impede existing utilization orfuture development of the State's commercial fishing resources.

4. Commercial fishing development efforts should be made in amanner which ensures the maintenance and protection of therenewable fishery resources.

FLOODING AND EROSION HAZARDS POLICIES--- ----

POLICY 11 BUILDINGS AND OTHER STRUCl'DRES WILL BE SITED IN THE COASTAL AREA SOAS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERING OF HUMANLIVES CADSED BY FLOODING AND EROSION.

~£!anation of Policl

On coastal lands identified as coastal erosion hazard areas.buildings and similar structures shall be set back from theshoreline a distance sufficient to minimize damage from erosionunless no reasonable prudent alternative site is available as inthe case of piers. docks and other structures necessary to gainaccess to coastal waters to be able to function. The extent of thesetback will be calculated, taking into account the rate at whichland is receding due to erosion. and the protection provided byexisting erosion protection structures as well as by naturalprotective features such as beaches, sandbars. nearshore areas,bluffs and wetlands. The only new structure allowed in coastalerosion hazard areas is a moveable structure as defined in Section505.3(u) of the regulations for ECL. Article 34. Prior to itsconstruction, an erosion hazard areas permit must be approved forthe structure. Existing. non-conforming structures located incoastal erosion hazard areas may be only minimally enlarged.

In .coastal lands identified as being subject to high velocitywaters. a coastal high hazard area. walled and roofed buildings orfuel storage tanks shall be sited landward of mean high tide; andno mobile home shall be sited in such area. In coastal landsidentified as floodways. no mobile homes shall be sited other thanin existing mobile home parks.

Where human lives may be endangered by Dlaj or coastal storms. allnecessary emergency preparedness measures should be taken,including disaster preparedness planning.

POLICY llA ON COASTAL LANDS IDENTIFIED AS EROSION HAZARD AREAS IN THE CITY OFOSWEX;O. BUILDINGS AND OTHER STRUCTURES PROPOSED FOR CONSTRUCTIONSHALL BE SET BACX OR OTH~ISE SITED SUFFICIENT TO MINIMIZE DAMAGEFROM EROSION. STRUCTURES SUO! AS PIERS. DOCKS, AND ACCESS WAYSNECESSARY FOR THE USE OF nIE WATER WILL BE PLACED SO AS TO MINIMIZEEROSION PROBLEMS. IN COASTAL AREAS OF THE CITY SUBJECT TO STORMWAVE WASH FROM HIGH VELOCITY WATERS. ADEQUATE MEASURES WILL BEUTILIZED· TO MINIMIZE DANGERS TO STRlJCTURES OR PEOPLE FROM COASTALSTORM HAZARDS.

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POLICY ltB IN AREAS IDENTIFIED AS FLOODWAYS. ADEQUATE MEASURES WILL BEUTILIZED TO MINIMIZE DANGERS TO STRUCWRES OR PEOPLE FROM FLOODWATERS.

Explanation of PolicI

The City of Oswego has areas of critical erosion and flood plains.principally along the exposed Ontario Lakeshore. The existingdevelopment is such that there are minimal immediate dangers tolife or property. As development in the waterfront takes place.the City will continue its efforts to avoid coastal area dangersfrom erosion and flooding. In minimizing these dangers. emphasiswill be placed on the use of non-structural measures wherever possible. such as adequate setbacks. vegetative cover and floodproofingor elevation of structures. The criteria or guidelines to be usedfor deteDnining consistency with this policy include:

1. Mitigating measures to avoid erosion or flooding dangers.

2. Mitigating structural or non-structural protective measures. toavoid erosion or flooding dangers.

POLICY 12

POLICY 13

ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BE UNDERTAKEN SOAS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDINGBEACHES. DUNES. BARRIER ISLANDS. AND BLUFE'S. PRIMARY DUNES WILL BEPROTECTED FROM ALL ENCROACHMENTS THAT COULD IMPAIR THEIR NATURALPROTECTIVE CAPACITY.

Explanation of Policl

Beaches. dunes. barrier islands. bluffs. and other naturalprotective features help safeguard coastal lands and property fromdamage. as well as reduce the danger to human life. resulting fromflooding and erosion. Excavation of coastal features, improperlydesigned structures. inadequate site planning, or other similaractions which fail to recognize their fragile nature and highprotective values. lead to the weakening or destruction of thoselandfoDns. Activities or development in, or in proximity to.natural protective features must ensure that all such adverseeffects are minimized. Primary dunes will be protected from allencroachments that could impair their natural protective capacity.

THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUC'l'URESSHALL BE mIDERTAKEN ONLY IF THEY HAVE A REASONABLB PROBABILITY OFCONTROLLING EROSION FOR AT LEAST 30 YEARS AS DEHClNSTRATEJ) IN DESIGNAND CONTRUCTION STANDARDS AND/OR ASSURED MAINTENANCE OR REPLACEMENTPROGRAMS.

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PaLIC'f 14

PaLIC'f 15


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

ACl'IVITIES AND DEVELOPMENT. mCLUDING THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECl'ION STRUC'roRES. SHALL BE UNDERTAKEN SOTHAT l'HERE WILL BE NO HEASlJRABLE mCREASE m EROSION OR FLOODING ATTHE SITE OF SUCH ACTIVITIES OR DEVELOPMENT OR AT 0TIlER LOCATIONS.

Erosion and flooding are processes which occur naturally. However.by his actions. man can increase the severity and adverse effectsof those processes. causing damage to. or loss of property. andendangering human lives. Those actions include: the use of erosionprotection structures such as groins. or the use of impermeabledocks which block the littoral transport of sediment to adjacentshore1ands. thus increasing their rate of recession; the failure toobserve proper drainage or land restoration practices. therebycausing run-off and the erosion and weakening of shorelands; andthe placing of structures in identified f100dways so that the baseflood level is increased causing damage in otherwise hazard-freeareas.

HIHING. EXCAVATION. OR DREDGIBG m roASTAL WATERS SHALL NOT SIGNIFlCAN7LY INTERFERE WITH 1'HE NATURAL COASTAL PROCESSES WHICH SUPPLYBEACH MATERIALS TO LAND ADJACENT TO SUCH WATERS AND SHALL BE UNDERTAKEN m A HANNER WHICH WILL NOT CAUSE AN mCREASE m EROSION OFSUCH LAND.

Explanation of Po1icr

Coastal processes. including the movement of beach materials bywater. and any mining. excavation or dredging in nearshore oroffshore waters which changes the supply and net flow of suchmaterials can deprive shorelands of their natural regenerativepowers. Such mining. excavation and dredging should beaccomplished in a manner so as not to cause a reduction of supply.and thus an increase of erosion. to such shorelands. Offshoremining is a future alternative option to land mining for sand andgravel deposits which are needed to support building and otherindustries.

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POLICY 16

POLICY 17

PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVE STRDC'J.'URESWHERE NECESSARY '1'0 PROTECT HUMAN LIFE. AND NEW DEVELOPHRNT WHICHRmlUIRES A LOCATION WrrHIN OR ADJACENT '1'0 AN EROSION HAZARD AREA TOBE ABLE TO FUNCTION. OR EXISTING DEVELOPMENT; AND ONLY WERE THEPUBLIC BENEFITS OU7WIGH THE LONG-TERM MONETARY AND OTHER COSTSINCLUDING THE POTENTIAL FOR INCREASING EROSION AND ADVERSE EFFECTSON NATURAL PROTECTIVE FEATURES.

Explanation of Poli£rPublic funds are used for a variety of purposes on the State'sshorelines. This policy recognizes the public need for theprotection of human life and existing investment in development ornew development which requires a location in proximity to thecoastal area or in adj acent waters to be able to function. Howeverit also recognizes the adverse impacts of such activities anddevelopment on the rate of erosion and on natural protectivefeatures and requires that careful analysis be made of suchbenefits and long-term costs prior to expending public funds.

WHENEVER POSSmLE. USE NONSTRDCTURAL MEASURES ro MINIMIZE DAMAGE TONATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION.


This policy recognizes both the potential adverse impacts offlooding and erosion upon development and upon natural protectivefeatures in the coastal area as well as the costs of protectionagainst those hazards which structural measures entail.

"Non-structural measures" shall include. but not be limited to:(1) within coastal erosion hazard areas identified under Section34-104. Coastal Erosion Hazard Areas Act (Article 34. EnvironmentalConservation Law). and subject to the permit requirements on allregulated activities and development established under that law.(a) the use of minimum setbacks as provided for in Section 34-108:and (b) the strengthening of coastal landforms by the planting ofappropriate vegetation on dunes and bluffs, the installation ofsand fencing on dunes. the reshaping of bluffs to achieve anappropriate angle of repose so as to reduce the potential forslumping and to permit the planting of stabilization vegetation.and the installation of drainage systems on bluffs to reduce runoffand internal seepage of waters which erode or weaken the landforms;and (2) within identified flood hazard areas. (a) the avoidance ofrisk or damage from flooding by the siting of buildings outside thehazard area. and (b) the flood-proofing of buildings or theirelevation about the base flood level.

This policy shall apply to the planning. siting and design ofproposed activities and development. including measures to protectexisting activities and development. To ascertain consistency with

- 17 -

the policy. it must be determined if any one. or a combination of.non-structural measures would afford the degree of protectionappropriate both to the character and purpose of the activity ordevelopment. and to the hazard. If non-structural measures aredetermined to offer sufficient protection. then consistency withthe policy would require the use of such measures. wheneverpossible.

In determining whether or not non-structural measures to protectagainst erosion or flooding will afford the degree of protectionappropriate. an analysis. and if necessary. other materials such asplans or sketches of the activity or development. of the site andof the alternative protection measures should be prepared to allowan assessment to be made.

GENERAL POLICY--------POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC. SOCIAL AND ENVIRONMENTAL INTERESTS

OF THE STATE AND OF ITS CITIZENS. PROPOSED MAJOR ACTIONS IN THECOASTAL AREA mST GIVE FULL CONSIDERATION TO THOSE INTERESTS. ANDTO THE SAFEGUARDS WHICH THE STATE HAS ESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS.

~anation of Polic~.

Proposed major actions may be undertaken in the coastal area ifthey will not significantly impair valuable coastal waters andresources. thus frustrating the achievement of the purposes of thesafeguards which the State has established to protect those watersand resources. Proposed actions must take into account the social.economic and environmental interests of the State and its citizensin such matters that would affect natural resources. water levelsand flows. shoreline damage. hydroelectric power generation. andrecreation.

PUBLIC ACCESS POLICIES--- ------POLICY 19 PROTECT. MAINTAIN AND INCREASE THE LEVELS AND TYPES OF ACCESS TO

PUBLIC WATER-RELATED RECREATION RESOURCES AND FACILITIES SO THATTHESE RESOURCES AND FACILITIES HAY BE FULLY UTnIZED BY ALL THEPUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC RECREATIONHEEDS AND THE PROTECTION OF HISTORIC AND NATURAL RESOORCES. INPROVIDING SUCH ACCESS. PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES.BOATING FACnITIES. FISHING AREAS AND WATERFRONT PARKS.

Explanation of Polic!

This policy calls for achieving balance among the followingfactors: the level of access to a resource or facility. thecapacity of a resource or facility. and the protection of naturalresources. The imbalance among these factors is the mostsignificant in the State's urban areas. Because this is often dueto access-related problems. priority will be given to improving

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POLICY 19A

physical access to existing and potential coastal recreation siteswithin the heavily populated urban coastal areas of the State andto increasing the ability of urban residents to get to coastalrecreation areas by improved public transportation. The particularwater-related recreation resources and facilities which willreceive priority for improved access are public beaches. boatingfacilities. fishing areas and waterfront parks. In addition.because of the greater competition for waterfront locations withinurban areas. the Coastal Management Program will encourage mixeduse areas and multiple use of facilities to improve access.

MAINTAIN AND REPAIR. AS NEEDED, THOSE FACn.ITIES UNDER LOCALGOVERNMENT CONTROL WHICH AFFECT PUBLIC USE OF THE WATERFRONT ANDPROVIDE NECESSARY SAFETY AND SANITATION SERVICES FOR AREAS UNDERLOCAL JURISDICTION.

Explanation of PolicZ

The City of Oswego has as one of its major objectives the increaseduse of the waterfront by the public. The City seeks to improveexisting access, as shown on Figure 6, Section II. and establishnew areas for public recreational use of the waterfront resources.The term "access" is used to mean the public's ability to use thewaterfront area either actively, such as for boating and fishing,or passively, such as for sitting or walking along the water'sedge. The term "public lands or facilities" is used to mean stateor local government property to which the public has. or couldhave, access. Such property m~ be held in fee simple or less thanfee simple. The term "public water-related recreation resources"is used to mean all public lands or facilities that are suitablefor passive or active recreation that requires either water or awaterfront location or is enhanced by a waterfront location. Thecriteria or guidelines to be used for determining consistency withthis policy include:

1. The existing access from adjacent or proximate lands orfacilities to public water-related recreation resources andfacilities shall not be reduced, nor shall the possibility ofincreasing access in the future from adjacent or proximatepublic lands or facilities be eliminated unless. in the lattercase, estimates of future use of these resources and facilitiesare too low to justify maintaining or providing increased publicaccess.

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

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

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POLICY 20

o The level of access to be provided shall not cause a degreeof use which would exceed the physical capability of theresource or facility. If this were determined to be thecase. the proposed level of access to be provided shall bedeemed inconsistent with the policy.

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

ACCESS TO THE PUBLICLY OWNED FORESHORE AND TO LANDS IMMEDIATELYADJACENT TO THE FORESHORE OR THE WATER'S EDGE 'l'HAT ARE PUBLICLYOWNED SHALL BE PROVIDED. AND SHALL BE PROVIDED IN A MANNERCOMPATIBLE Wrm. ADJOINING USES. SUCH LANDS SHALL BE RETAINED INPUBLIC OWNERSHIP.

ExElanation of Policy

In coastal areas where there are little or no recreation facilitiesproviding specific water-related recreational activities. access tothe publicly owned lands of the coast at large should be providedfor numerous activities and pursuits which require only minimalfacilities for their enj oyment. Such access would provide forwalking along a beach or a city waterfront or to a vantage pointfrom which to view the seashore. Similar activities requiringaccess would include bicycling. birdwatching, photography, naturestudy. beachcombing. fishing. and hunting.

For those activities. there are several methods of providing accesswhich will receive priority attention of the Coastal ManagementProgram. These include: the development of a coastal trailssystem; the provision of access across transportation facilities tothe 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 beretained in public ownership, traditional sales of easements onlands underwater to adjacent onshore property owners are consistentwith this policy. provided such easements do not substantiallyinterfere with continued public use of the public lands on whichthe easeement is granted. Also. public use of such publicly ownedunderwater lands and lands immediately adjacent to the shore shallbe discouraged where such use would be inappropriate for reasons ofpublic safety. military security. or the protection of fragilecoastal resources. The following guidelines will be used indetermining consistency of a proposed action with this policy:

1. Existing access from adjacent or proximate public lands orfacilities to existing public coastal lands and/or waters shallnot be reduced. nor shall the possibility of increasing accessin the future from adjacent or nearby public lands or facilitiesto public coastal lands and/or waters be eliminated. unless suchactions are demonstrated to be of overriding regional or

20 -

statewide public benefit. or in the latter case. estimates offuture uses of these lands and waters are too low to justifymaintaining or providing increased access.The following is an explanation of the terms used in the aboveguidelines:

a. (See definitions under first policy of "access", and "publiclands or facilities").

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

(1) Pedestrian access is diminished or eliminated because ofhazardous crossings required at new or altered transportationfacilities, electric power transmission lines, or similarlinear facilities.

(2) Pedestrian access is diminished or blocked completely bypublic or private development.

c. An elimination of the possibility of increasing public accessin the future includes, but is not limited to, the following:

(1) Construction of public facilities which physicallyprevent the provision. except at great expense. of convenientpublic access to public coastal lands and/or waters.

(2) Sale. lease. or other conveyance of public lands thatcould provide public access to public coastal lands and/orwaters

(3) Construction of private facilities which physicallyprevent the provision of convenient public access to publiccoastal lands and/or waters from public lands and facilities.

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

a. A reduction or elimination in the existing level of publicaccess includes, but is not limited to, the following:

(1) Access is reduced or eliminated because of hazardouscrossings required at new or altered transportationfacilities, electric power transmission lines, or similarlinear facilities.

(2) Access is reduced or blocked completely by any publicdevelopment.

3. Public access from the nearest public roadway to the shorelineand along the coast shall be provided by new land use ordevelopment except where: (a) it is inconsistent with publicsafety, military security. or the protection of identified

- 21

fragile coastal resources: (b) adequate access exists withinone-half mile: or (c) agriculture would be adversely affected.Such access shall not be required to be open to public use untila public agency or private association agrees to acceptresponsibility for maintenance and liability of the accessway.

4. The State will not undertake or fund any proj ect which increasesaccess to a water-related resource or facility that is not opento all members of the public.

5. In their plans and programs for increasing public access, Stateagencies shall give priority in the following order to projectslocated: within the boundaries of the Federal Aid MetropolitanUrban Area and served by public transportation: within the FAMUAbut not served by public transportation: outside the definedUrban Area boundary and served by public transportation: andoutside the defined Urban Area boundary but not served by publictransportation.

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

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

b. The level of access to beof use which would exceedcoastal lands or waters.case, the proposed leveldeemed inconsistent with

provided shall not cause a degreethe physical capability of theIf this were determined to be the

of access to be provided shall bethe policy.

POLICY 20A OBTAIN PUBLIC ACCESS TO '!HE FORESHORE THROUGH THE USE OF EASEMENTS,LAND PUROl.ASE, OR OTHER APPROPRIATE MEASURES WHERE NECESSARY ANDFEASIBLE.

Explanation of POlicZ

The City of Oswego is fortunate in having a substantial amount offoreshore accessible to the public, with over 75% of the shore heldin public ownership. The use and accessibility of additional foreshore areas will be increased upon completion of revitalization andimprovement efforts along the West Bank and Wright's Landing.Subsequent revitalization efforts may identify additional need forpublic access points. Wherever feasible, the City will seek toobtain additional public access as needed. The criteria orguidelines for determining consistency with these policies include:

1. Preservation of existing public access to the Oswego foreshore.

22 -

---------~---

POLIC! 21 WAl"ER-DEPENDENT AND WATER-ENHANCED RECREATION SHALL BE EHOOURAGEDAND FACILITATED AND SHALL BE GIVEN PRIORITY OVER NOHWATER-RELATEDUSES ALONG THE COAST. PROVIDED IT IS CONSISTENT WITH THE PRESERVATION AND ENHANCEMENT OF OTHER COASTAL RESOURCES AND TAKES INTOACCOUNT DEMAND FOR SUCH FACILITIES. IN FACILITATING SUCH AC'l'IVI-TIES. PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS TO '!'HE RECREATION OPPORTUNITIES OF THE COAST CAN BE PROVIDED BY HEW OR EXISTINGPUBLIC TRANSPORTATION SERVICES AND TO nIOSE AREAS WHERE THE USE OFTHE SHORE IS SEVERELY RESTRICTED BY EXISTING DEVELOPMENT.

Explanation of Po1icr

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

Provided the development of water-related recreation is consistentwith the preservation and enhancement of such important coastalresources as fish and wildlife habitats, aesthetically significantareas, historic and cultural resources, agriculture and significantmineral and fossil deposits, and provided demand exists. waterrelated recreation development is to be increased and such usesshall have a higher priority than any non-coastal dependent uses,including nonwater-related recreation uses. In addition. waterdependent recreation uses shall have a higher priority over waterenhanced recreation uses. Determining a priority among coastaldependent 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 isseverely restricted by highways, railroads. industry, or otherforms of existing intensive land use or development. The DOS.working with the Office of Parks. Recreation. and Historic Preservation and with local governments. will identify communities whoseuse of the shore has been so restricted and those sites shorewardof such developments which are suitable for recreation and can bemade accessible. Priority shall be given to recreational development of such lands.

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

- 23 -

Among the types of water-dependent recreation. prov1S4on of adequate boating services to meet future demand is to be encouraged bythis Program. The siting of boating facilities must be consistentwith preservation and enhancement of other coastal resources andwith their capacity to accommodate demand. The provision of newpublic boating facilities is essential in meeting this demand. butsuch public actions should avoid competition with private boatingdevelopment. Boating facilities will. as appropriate. includeparking. park-like surroundings. toilet facilities. and pumpoutfacilities. Harbors of Refuge are particularly needed along LakeErie and Lake Ontario. There is a need for a better locationalpatter of boating facilities to correct problems of overused. insufficient. or improperly sited facilities.

Also to be encouraged is non-motorized recreation in the State'scoastal area. ~ater-related off-road recreational vehicle use isan acceptable activity. provide no adverse environmental impactsoccur. Where adverse environmental impacts will occur. mitigatingmeasures will be implemented. where practicable to minimize suchadverse impacts. If acceptable mitigation is not practicable.prohibition of the use by off-road recreational vehicles will beposted and enforced.

POLICY 21A PROVIDE OPPORTUNITIES FOR WATER-RELATED RECREATION SUCH AS BOATINGAND FISHING AS WELL AS RECREATIONAL ACTIVITIES WHICH ARE ENHANCEDBY A COAST.AL LOCATION SUCH AS PEDESTRIAN AND JOGGING PATHS. PICNICAREAS. AND SCENIC VIEWS.

POLICY 21B PROVIDE FOR THE INTOORATION OF RECREATIONAL AND OTHERWATER-DEPENDENT OR WATER-ENHANCED ACTIVITIES IN THE OSWOOOWATERFRONT AREA.

POLICY 21C CONTINUE TO MAINTAIN ADEQUATE TRANSPORTATION FACILITIES SERVINGWATER-RELATED RECREATIONAL NEEDS.


The City of Oswego has experienced a substantial increase in opportunities for water-related recreation. both publicly and privatelysponsored. Additional facilities for recreational use will be madeavailable upon completion of State-sponsored construction along theWest Bank and Wright's Landing. The criteria or guidelines fordetermining consistency with these policies include:

1. Preservation of existing water-related recreational activity.

2. Provision of adequate transportation facilities serving recreational activities.

3. Provision of additional water-related recreational activities asoppor~unities arise.

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POLICY 22

POLICY 22A

-------------

DEVELOPMENT. WEN LOCATED ADJACENT TO THE SHORE. SHALL PROVIDE lORWATER-RELATED RECREATION. AS A MULTIPLE USE. WHENEVER SUCH RECREATIONAL USE IS APPROPRIATE IN LIGR'l' OF REASONABLY ANTICIPATED DEMANDFOR SOCII ACTIVITIES AND THE PRIMARY PURPOSE OF THE DEVELOPMENT.

Explanation of POlicZ

Many developments present practical opportunities for providingrecreation 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 providefor some form of water-related recreation use unless there arecompelling reasons why any form of such recreation would not becompatible with the development. or a reasonable demand for publicuse cannot be foreseen. The types of development which can generally provide water-related recreation as a multiple use include butare not limited to parks. highways. pewer plants. utility transmission rights of way. sewage treaonent facilities. health facilities.hospitals, prisons. schools, universities. military facilities.nature preserves. large residential subdivisions. shopping centers.and office buildings.

Prior to taking action relative to any development. State agenciesshould consult with the State Office of Parks. Recreation. andHistoric Preservation and with the municipality in which the development is to locate to determine appropriate recreation uses. Theagency should provide OPRHP and the municipality with the opportunity to participate in project planning.

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

In determining whether compelling reasons exist which would makeinadvisable recreation as a multiple use. safety considerationsshould reflect a recognition that some risk is acceptable in theuse of recreational facilities.

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

ENCOURAGE THE EXPANSION OF WATER-RELATED RECREATIONAL FACILITIES TOSUPPORT THE GRCWTH OF THE TOURIST INDUSTRY.

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POLICY 23

~planation of PolicI

The limited size of waterfront area available in Oswego requiresthat a mixture of activities be properly integrated to adequatelyserve a variety of needs. Wherever feasible, a multiple use ofsites is desirable, and Oswego is now demonstrating how this can beachieved in the planning for recreational use of land above a stormwater interceptor along the West Bank. Other multiple uses ofsites will be sought during waterfront revitalization efforts. Thecriteria or guidelines to be used for policy evaluation include:

1. Maintenance of existing multiple use of waterfront sites forrecreational purposes.

2. Provision of additional waterfront multiple use sites for recreational activities as feasible.

3. Support for the recreational facilities needed to expand thetourist industry.

PROTECT. ENHANCE AND RESTORE STRUCTURES, DISTRICTS. AREAS OR SITESTHAT ARE OF SIGNIFICANCE m THE HISTORY. ARCHITECTURE, ARCHEOLOGYOR CtlLTORE OF THE STATE. ITS COHMIJNITIES OR THE NAXION.


Among the most valuable of the State's man-made resources are thosestructures on areas which are of historic, archeological, or cultural significance. The protection of these structures must involve arecognition of their importance by all agencies and the ability toidentify and describe them. Protection must include concern notjust with specific sites but with areas of significance, and withthe area around specific sites. The policy is not to be construedas a passive mandate but must include active efforts when appropriate to restore or revitalize through adaptive reuse. While theprogram is concerned with the preservation of all such resourceswithin the coastal boundary, it will actively promote the preservation of historic and cultural resources which have a coastalrelationship.

The structures, districts, areas or sites that are of significancein the history, architecture, archeology or culture of the State,its cOlllllluni ties, or the na tion comprise the following resources:

o a resource which is in a Federal or State park established,among other reasons, to protect and preserve the resource:

o a resource on, nominated to be on, or determined eligible to beon the National or State Registers of Historic Places:

o a resource on or nominated to be on the State Nature andHistoric Preserve Trust:

o an archeological resource which is on the State Department ofEducation's inventory of archeological sites:

- 26 -

o a local landmark. park. or locally designated historic districtthat is located within the boundary of an approved local waterfront revitalization program; or

o a resource that is a significant component of an Urban CulturalPark.

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

o 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. orarcheological resource, or component thereof. Such features aredefined as encompassing the style and general arrangement of theexterior of a structure and any original or historically significant interior features including type. color and texture ofbuilding materials; entry ways and doors; fenestration; lightingfixtures; roofing; sculpture and carving; steps, rails; fencing;windows; vents and other openings; grillwork; signs, canopies;and other apurtenant fixtures and, in addition. all buildings.structures outbuildings, walks, fences, steps. topographicalfeatures, earthworks. paving and signs located on the designatedresource property. (To the extent they are relevant. theSecretary of the Interior's "Standards for Rehabilitation andGuidelines for Rehabilitating Historic Buildings" shall beadhered to.)

o Demolition or removal in full or part of a building. structure,or earthworks that is a recognized historic. cultural, or archeological resource or component thereof. to include all thosefeatures described in the above paragraph. plus any otber apurtenant fixtures associated with a building structure or earthwork.

o All proposed actions within 500 feet of the perimeter of theproperty boundary of the historic, architectural. cultural. orarcheological resource and all actions within an historic district that wo~ld be incompatible with the objective of preserving the qUality and integrity of the resource. Primary considerations to be used in making judgement about compatibility shouldfocus on the visual and locational relationship between theproposed action and the special character of the historic. cultural, or archeological resource. Compatibility between theproposed action and the resource means that the general appearance of the resource should be reflected in the architectural

- V -

style. design material. scale. proportion. composition. mass.line. color. texture. detail. setback. landscaping and relateditems of the proposed actions. With historic districts thiswould include infrastructure improvements or changes. such as.streets 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. earthwork. or component thereof of a recognized historic.cultural or archeological resource which has been officially certified as being imminently dangerous to life or public health. Norshall the policy be construed to prevent the ordinary maintenance.repair. or proper restoration according to the U.S. Department ofInterior'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 orarcheological resource which does not involve a significant adversechange to the resource. as defined above.

POLICY 23A MAINTAIN AND RESTORE OSWEGO'S HISTORIC HERITAGE FOUND AT MANYLOCATIONS IN AND AROUND TIlE WATERFRONT AREA. PARTICULARLY THOSESITES SHOWN IN SECTION II. FIGURE 5.

POLICY 23B MAINTAIN AND ENHANCE OSWEGO'S TRADITIONAL LINKS BETWEEN HISTORICAREAs OF DOWNTOWN OSWEGO AND TIlE WATERFRONT.

~planation of Polic~

Much of Oswego's historic and cultural significance is directlyrelated to its waterfront. The protection and enhancement of numerous sites in and around the waterfront noted on Figure 5. SectionII. has a strong influence on waterfront revitalization effortsbeing undertaken. The criteria or guidelines for determiningconsistency with these policies include:

1. Conservation and rehabilitation efforts to maintain physicallinkages with Oswego's past.

2. Integration of areas or sites having historic or cultural significance with a revitalized waterfront.

Given the possibility 'of archeologically significant sites in theOswego waterfront area. government agencies proposing a permittingor development action will contact the New York State Office ofParks. Recreation and Historic Preservation. Division of HistoricPreservation. for procedures to foll~ with respect to a givensite. The Oswego West Side Archeological District is sh~n inFigure 5. Section II.

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SCENIC QUALITY POLICIES

POLlCY 24

POLlCY 25

POLlCY 25A

The State Coastal Policy regarding scenic resources ofstatewide significance is not applicable to Oswego.

PROTECT, RESTORE AND ENHANCE NATURAL AND MAN-MADE RESOURCESWICH ARE NOT IDENTIFIED AS BEING OF STATEWIDE SIGNIFICANCE,BUT WHICH CONTRIBUTE TO THE SCENIC QUALITY OF THE COASTAL AREA.

PROTECT AND ENHANCE SCENIC RESOURCES IN OSWEGO, BOTH NATURALAND MAN-MADE HAVING LOCAL SIGNIFICANCE AS IDENTIFIED IN SECTIONII, Figure 2.


When considering a proposed action, which would affect thesescenic resources, agencies shall ensure that the action wouldbe undertaken so as to protect, restore or enhance the overallscenic quality of the coastal area. Activities which couldimpair or further degrade scenic quality are:

o

o

the irreversible modification of geologic forms; thedestruction, or removal of vegetation; the modification,destruction or removal of structures, whenever thegeologic forms, vegetation or structures are significantto the scenic quality of an identified resource; and

the addition of structures which because of siting orscale will reduce identified views or which because ofscale, form, or materials, will diminish the scenicquality of an identified resource.

Important local scenic resources within the Oswego WaterfrontRevitalization Area include scenic vistas, as shown on Figure2, Section II, and historic resources, as shown on Figure 5,Section II.

1.

o

o

o

The following siting and facility related guidelines areto be used to achieve this policy, recognizing that eachdevelopment situation is unique and that the gUidelineswill have to be applied accordingly. The guidelinesinclude:

siting structures and other development such as signs backfrom the shoreline or in other inconspicuous locations tomaintain the attractive quality of the shoreline and toretain views to and from the shore;clustering or orienting structures to retain views, saveopen space, and prOVide visual organization to adevelopment;incorporating sound, existing structures, especiallyhistoric buildings, into the overall development scheme;

- 29 -

o removing deteriorated and/or degrading elements;o maintaining or restoring the original land form, except when

changes screen unattractive elements and/or appropriateinterest;

o maintaining or adding vegetation to provide interest, blendstructures into the site, and obscure unattractive elements,except when selective clearing removes unsightly diseased orhazardous vegetation and when selective clearing creates viewsof coastal waters;

o using appropriate materials, in addition to vegetation, toscreen unattractive elements; and

o using appropriate scales, forms and materials to ensure thatbuildings and other structures are compatible with and addinterest to the landscape.

AGRICULTURAL LANDS POLICY--------POLICY 26 The State Coastal Policy regarding agricultural lands is not

applicable to Oswego.

ENERGY AND ICE MANAGEMENT POLICIES------------------POLICY 27

POLICY 28

POLICY 29

NOT INCLUDED IN THE LOCAL PROGRAM.!.

ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE SIGNIFICANT FISH ANDWILDLIFE AND THEIR HABITATS, INCREASE SHORELINE EROSION OR FLOODING. OR INTERFERE WlnI THE PRODUCTION OF HYDROELECTRIC POWER.


Prior to undertaking actions required for ice management, an assessment must be made of the potential effects of such actions upon theproduction of hydroelectric power, fish and wildlife and theirhabitats as will be identified in the Coastal Area Maps, floodlevels and damage, rates of shoreline erosion damage, and uponnatural protective features.

Following such an examination. adequate methods of avoidance ormitigation of such potential effects must be utilized if theproposed action is to be implemented.

NOT INCLUDED IN THE LOCAL PROGRAM.!.

WA:l'ER AND AIR RESOURCES POLICIES-- ---POLICY 30 HDNICIPAL. INDUSTRIAL. AND COHHERCIAL DrSQlARCE OF POLLUTANTS.

INCLUDING BUT NOT LIHITED TO. TOXIC AND HAZARDOUS SUBSTANCES INTOalASTAL WATERS WD.L roNFORK TO STA:l'E AND NATIONAL WMER QUALITYSTANDARDS.

- 30 -

POLICY 31

Explanation of Polic~

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

STATE COASTAL AREA POLICIES AND FURPOSES OF APPROVED LOCAL WATERFRONT REVITALIZA:rION PROGRAMS WILL BE CONSIDERED WHILE REVIEWINGCOASTAL WATER CLASSIFICATIONS AND Wll.E MODIFYING WATER QUALITYSTANDARDS; BOWVER. THOSE WATERS ALREADY OVERBURDENED WITB CONTAMINANTS WILL BE RECOGNIZED AS BEING A DEVELOPMENT CONSTRAINT.

Exp1~Eation of Pol~El

Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) theState has classified its coastal and other waters in accordancewith considerations of best usage in the interest of the public andhas adopted water quality standards for each class of waters.These classifications and standards are reviewable at least everythree years for possible revision or amendment. Local WaterfrontRevitalization Programs and State coastal management policies shallbe factored into the review process for coastal waters. However.such consideration shall not affect any water pollution controlrequirement established by the State pursuant to the Federal CleanWater 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 thesestandards even after applying "best practicable treatment" to effluent discharges are classified as "water quality limiting". Thosesegments meeting standards or those expected to meet them afterapplication 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 "bestpracticable treatment" would be required, and costs of applyingsuch additional treatment may be prohibitive for new development.

The Oswego River is identified as water quality limiting and LakeOntario is identified as effluent limiting. The surface waterclassification for the Oswego River varies between Class B (bestusage is swimming) and Class C (best usage is fishing). Within theboundaries of the City of Oswego, the river is classified C whichis acceptable to the City because of the extensive recreationalfishing activity which now exists aloog the banks. Hazardous flowconditions preclude swimming.

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POLICY 32

POLICY 33

POLICY 34

POLICY 35

The surface water classification for Lake Ontario is Class A (watersupply for drinking or food processing with treatment) which isacceptable to the City because all recreational uses are possible.

The State Coastal Policy regarding alternative or innovativesanitary waste systems is not applicable to Oswego.

BEST MANAGEMENT PRACTICES RILL BE USED '1'0 ENSURE '1'BE CONTROL OFS'1'ORMWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING INTOCOASTAL RATERS.

Explanation of Policr

Best management practices include both structural and nonstructural methods of preventing or mitigating pollution caused bythe 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 sanitaryand stormwater collection systems) are not economically feasible.Proposed amendments to the Clean Water Act. however. will authorizefunding to address combined sewer overflows in areas where theycreate severe water qUality impacts. Until funding for such projects become available. non-structural approaches (e.g•• improvedstreet cleaning. reduced use of road salt) will be encouraged.

The City of Oswego is in compliance with all state and federalwaste water discharge requirements and there are no waste waterproblems being experienced.

DISCHARGE OF WASTE MATERIALS FROM VESSELS INTO COASTAL WATERS WILLBE LIMITED SO AS '1'0 PROTECT SIGNIFICANT FISH AND RILDLlFE HABITATS.RECREATIONAL AREAS AND WATER SUPPLY AREAS.

The discharge of sewage. garbage. rubbish. and other solid andliquid materials from watercraft and marinas into the State'swaters is regulated. Priority will be given to the enforcement ofthis Law in areas such as shellfish beds and other significanthabitats. beaches. and public water supply intakes. which needprotection from contamination by vessel wastes Also. specificeffluent standards for marine toilets have been promulgated by theDepartment of Environmental Conservation (6 NYCRR. Part 657).

DREDGING AND DREDGE SPOIL DISPOSAL m COASTAL WATERS WILL BE UNDERTAKEN lH A HANNER THAl" MEETS EXISTlNG STATE DREDGlNG PERMIT REQUIREMENTS. AND PROTECTS SIGNIFICANT FISH AND WILDLU'E HABITATS. SCENICRESOURCES. HA:rURAL PROTECTIVE FEAl"IJRES. IMPORTANT AGRIaJL'l'URALLANDS AND WETLANDS.

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POLICY 36

POLICY 37

POLICY 38


Dredgibg often proves to be essential for waterfront revitalizationand development, maintaining navigation channels at sufficientdepths, pollutant removal and meeting other coastal managementneeds. Such dredging projects, however, may adversely affect waterquality, fish and wildlife habitats, wetlands and other importantcoastal resources. Often these adverse effects can be minimizedthrough careful design and timing of the dredging operation andproper siting of the dredge spoil disposal site. Dredging permitswill be granted if it has been satisfactorily demonstrated thatthese anticipated adverse effects have been reduced to levels wichsatisfy State dredging permit standards set forth in regulationsdeveloped pursuant to Environmental Conservation Law (Articles 15,24,25, and 34), and are consistent with policies pertaining to theprotection of coastal resources (State Coastal Management policies7. 15, 24. 26. and 44).

ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLElJK ANDOTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN A HANNER THAT Wn.LPREVENT OR AT LEAST HIlUHIZE SPILLS INTO roASTAL WATERS; ALLPRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE mE CLEANUP OFSUCH DISCHARGES; AND RESTITUTION FOR DAMAGES WILL BE REQUIRED WENmESE SPn.LS OCCUR.

~=E!anation of Folic!

See Policy 39 for definition of hazardous materials.

BEST MANAGEMENT PRACTICES WILL BE UTn.IZED TO HIlUHIZE THE NONl'OINTDISCHARGE OF EXCESS NUTRIENTS. ORGANICS AND ERODED SOn.S INTOCOASTAL WATERS.

Explanation of Folic!

Best management practices used to reduce these sources of pollutioncould include but are not limited to. encouraging organic farmingand best management principles. soil erosion control practices. andsurface drainage control techniques.

THE QUALITY AND QUANTITY OF SURFACE AND GROUNDWATER SUPPLIES WILLBE roNSERVED AND PROTECTED. PARTICOLARLY WHERE SUCH WATERS CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY.


Surface and groundwater are the principle sources of drinking waterin the State and. therefore. must be protected. As an example,since Long Island's groundwater supply has been designated a "primary source aquifer". all actions must be reviewed relative to theirimpacts on Long Island's groundwater aquifers.

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POLICY 39

POLICY 40

POLICY 41

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 GRCllJNl)WADR AND SURFACEWATER SUPPLms. SIGNIFICANT FISH AND WILDLIFE HABITATS. RECREATIONAREAS. IMPORTANT AGRICULTURAL LAND AND SCENIC RESOURCES.


The definitions of terms "solid wastes" and "solid wastes management facilities" are taken from New York's Solid Waste ManagementAct (Environmental Conservation Law. Article 27). Solid wastesinclude slUdges from air or water pollution control facilities.demolition and construction debris and industrial and commercialwastes.

Hazardous wastes are unwanted by-products of manufacturing processes generally characterized as being flammable. corrosive.reactive. or toxic. More specifically. hazardous waste is definedin Environmental Conservation Law [Section 27-0901 (3)] as "wasteor combination of wastes which because of its quantity.concentration. or physical. chemical or infectious characteristicsmay: (a) cause or significantly contribute to an increase inmortality or an increase in serious irreversible. or incapacitatingillness; or (b) pose a substantial present or potential hazard tohuman health or the environment which improperly treated. stored.transported. disposed. or otherwise managed".

EFFLUENT DISCHARGE FROM KAJOR STEAK ELECTRIC GENERATING AND INDUSTRIAL FACILITmS nrro COASTAL WATERS WILL NOT BE UNDULY INJURIOUSTO FISH AND WILDLIFE AND SHALL CONFORM TO STATE WA:t'ER QUALITYSTANDARDS.

The State Board on Electric Generation Siting and the Environmentmust consider a number of factors when reviewing a proposed sitefor facility construction. One of these factors is that the facility "not discharrge any efflluent that will be unduly injurious tothe propagation and protection of fish and wildlife. the industrialdevelopment of the State. the public health. and public enjoymentof the receiving waters". The effects of thermal discharges onwater quality and aquatic organisms will be considered by theSiting Board when evaluating an applicant's request to construct anew steam generating facility.

LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL NOT CADSE NATIONALOR STATE AIR QUALITY STANDARDS TO BE VIOLATED.

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POLICY lt2

POLICY 43

POLICY ltlt

Exolanation or PQlicy

New York's Coastal Management Program incorporates the air qualitypolicies and programs developed for the State by the Department ofEnvironmental Conservation pursuant to the Clean Air Act and StateLaws on air quality. The requirements of the Clean Air Act are theminimum air quality control requirements applicable within thecoastal 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 toland and water use and any recommendations with regard to specificsites 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 ImplementationPlan.

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

HOT INCLUDED IN THE LOCAL PROGRAM.l

NOT INCLUDED IN THE LOCAL PROGRAM.l

PRESERVE AND PROTECT TIDAL AND FRESffilATER WETLANDS' AND PRESERVE THEBENEFITS DERIVED FROH THESE AREAS.

Exolanation Qf Policy

Freshwater wetlands include marshes, swamps, bogs, and flats supporting aquatic and semi-aquatic vegetation and other wetlands sodefined in the NYS Freshwater Wetlands Act and the NYS Protectionof Waters Act. Freshwater wetlands in the City of Oswego areidentified in Section II, Figure 4.

The benefits derived from the preservation of tidal and freshwaterwetlands include but are not limited to:

o habitat for wildlife and fish, including a substantial portionof the State's commercial fin and shellfish varieties; andcontribution to associated aquatic food chains;

o erosion, flood and storm control;o natural pollution treatmentjo groundwater protection;o recreational opportunities;o educational and scientific opportunities; and,o aesthetic open space in many otherwise densely developed areas.

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Footnote 1: In determining consistency with the New York State CoastalManagement Program (NYS CMP) , federal agencies should consult theNYS C~~ and Final Environmental Impact Statement (FEIS), or anappendix to the Oswego Waterfront Revitalization Program, for thetext of those policies identified by the phrase "Not Included Inthe Local Program". Otherwise the Oswego Waterfront RevitalizationProgram fully sUbstitutes for the NIS C~~ and FEIS.

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Footnote Number 1 for Section III (Local Policies and Applicable StatePolicies) states that in determining consistency with the New York StateCoastal Management Program (NYS CMP). federal agencies should consult the NYSCMP and Final Environmental Impact Statement (FEIS). or an appendix to theOswego Waterfront Revitalization Program. for the text of those policiesidentified by the phrase "Not Included in the Local Program." Those policiesidentified as "Not Included in the Local Program" for Oswego are policies 27.29. 42 and 43. The text of these four policies as extracted from the NYS eMPand FEIS. are as follows:

POLICY 27 Decisions on the siting and construction of major energy facilities Inthe coastal Irea will be based on public energy needs, compallbllityof such facilities with the environment, Ind the facility's n.ed for aahorefrontloeatlon.

A. Explanation of Policy

Demand for energy in New York will increase,althouqh at a rate slower than previously predieted: The State expects to meet these energydemands through a combination of conservationmeasures; traditional and alternative technologies; and use of various fuels including coal ingreat~r proportion.

A c1etermination of public need for energy is thefirst step in the process for siting any newfacilities. The directives for determining thisneed are contained primarily in Article 5 of theNew York State Energy Law. That Article requiresthe preparation of a State Energy Master Plan.With respect to transmission linp.s and steamelectric generating facilities, Articles VII andVIII of the State's Public Service Law requireadditional forecasts and establish the basis fordeternining the compatibility of these facilitieswith the environment and the necessity for ashorefront location. The policies derived fromthe siting regulations under these Articles areentirely consistent with the general coastal zonepolicies derived from other laws, particularly theregulations promulgated pursuant to the WaterfrontRevitalization and Coastal Resources Act. ThatAct is used for the purposf!s of ensuring consistency with the Coastal Managr.ment Program.

The Department of State will comment on the StateEnergy Master Plan; present testimony for therecord during relevant certification proceedingsunder Articles VII and VIII of the PSL; and usethe State SEQR and DOS regulations to ensure thatdecisions on other proposed energy facilities(other than transmission facilities and steamelectric generating plants) which would impact thecoastal area are made consistent with coastalpolicies.

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B. State Beans for InpleI:lenting the Policy

1. Energy Law (Article 5)

Under this law an Energy Planning Board wasestablished. As required, the Board preparedand adopted the first State Energy MasterPlan which is currently in effect. ~he Boardis now considering an updated plan. SeeSection 7 of this docuuent for a noredetailed discussion of this plan.

2. Public Service La~ (Article VIII) - Siting ofllajor Stear.1 Electric Generating Facilities

Defore preparation of a site or theconstruction of a r.lajor stearn electricgeneratinc:; facility can commence, a Certific<.to of invironnental Compatibility alldPublic Need must be issued by the New YorkState Board on Electric Generation Siting andthe Environment. '1'his process is descrilJeclin detail in Section 7. In granting thiscertificate, the Board must aeterl:line thattne faci li ty:

o Represents the mininun adverse environI:lental impact, considering the state ofavailable techllologY1 the nature ancJecononics of the various alternatives;and the interests of the state withrespect to aesthetics, preservation ofhistoric sites, forests and parks, fishand wildlife, and viable agriculturallands 1

lcl\lStbt:and

COI:lplies wi til applicable Stateconcerning, aI:long other natters,environnent and public healthsafety;

o Serves the public interest, convenienceand necessity.

o

The regulations which iuplenent Article VIIIand govern the Board's decision (see Appendi>;A, '7) assure that tllis decislon will becompatible with the policies articulated inthis document, botb those relating toenvironl:lental protection and to economicuevelopl:lent.

~o further ensure com~atibility, the Department of State will review appl ications andnay present testiI:lony during proceedings

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involving facilities proposed to be sited incoastal areas. When reviewing applications,the Department will examine the requireddescription of reasonable alternate locationsas well as the rationale for the preferredsite, particularly with respect to potentialland uses on or near the proposed si te, andthe justification for the amount of shorefront land to be used. Proposed uses whichare likely to be regarded by the Departl'!entas requiring a shorefront location include:

o Uses involved in sea/landgoods (docks, pipelines,storage facilities)~

transfer ofshort term

o Uses requirin9 large quantities(hydroelectric power plants,storage power plants)~ and,

of waterpumped

o Uses that rely heavilytransportation of rawproducts which aretransport on land.

on waterbornematerials or

diff icult to

3. PUblic Service Law (Article VII) - Siting ofMajor Utility Transmission Facilities

Prior to the construction of a major electricor fuel gas transmission facility, a Certificate of Environmental Compatibility and

. Public Need I!\ust be granted by the PublicService Commission. See Rection 7 of thisdocuMent for a detailed description of thisprocess. In issuing a certificate, theCOl!\mission must deterMine that the facility:

o Represents the Minimum adverse environmental impact, considerin~ the state ofavailable technology an~ the nature andeconomics of the various alternatives:

o Conforms with applicable State laws:

o Serves the pUblic interest, convenienceand necessi ty.

As with steam electric generating plants, theDepartment of State will review applicationsand may present testimony duri ng proceedingsinvolving transmission facilities proposed tobe sited in the coastal area. The Departmentwill examine the same matters as underArticle VIII. It will also use the samp.

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cri teria to determine the need for a shorefront location and the consistency of theproposal with coastal policies.

Interstate transmission facilities, such asgas and petroleum pipelines, coal slurrypipelines a~d electric transmission linesassociated with hydroelectric facilities, areregulated by Federal agencies. 'i'hroughFederal consistency provisions, such facilities will be sited in a canner that isconsistent uith the Pro~ram's polici~s.

4. Environncntal Conservation La\l (Article 23,Ti tl<: 17) - Liquefied llatural and PetrolcunCas .

All liquefied natural gas (LUG) and liquefiedpctroleur.l gas (LPG) facilities, r.,ust oLtainan environmental safety perQit beforeconstructiOI\ and operation. For a perrnit tobe granteu, it rnust be shown that suchfacilities uoul~ not endanger residentialareas and contiguous populations and \Iouldothenlise conform to si ting cd teriaestablished by the Department of Environmental Conservation. During the review ofproposed proJects, consideration is given to:the location of the proposed tacility; thedesign and capacity of the facility; expectedsources of the gas; methods of transportinggas to and fron the facility and transportation routes; the public need for thefacility; its environcental irnpacts; an~,

d~scriptions of reasonable alternatelocations for the facility.

5. \;aterfront Revitalization and CoastalResource~ Act, Executive Law (Article 42)

Section 919 of Article 42 requires l) thatState agencies' actions, inclUding directenerg~' development activities such as thoseundertaken by the Po\:er Authority of theState of lIew York, cust be consistent \/i ththe environnental protection and develo~ncnt

policies of this act. 'i'his provision of la\1is irnplemented by acend~ents to SLUR (below)ancJ by DOS regulat'ion~. DOS regulations (19NYCr~ Part 600) provide that, for theirdirect actions which do not have a significant effect on the environcent, Stateagencies certify that the action is consistent with the coastal policies, 2) thatthe Secretary of State shall review actions

A-4

of State agencies that may affect achievementof the policy, and 3) that SEOR regulationsbe amended to reflect consideration ofcoastal resources.

Section 2 of the Act requires that Stateagenci~~ analyze their programs' consistencywith coastal policies and that the Secretaryof State recommend any needed modificationsto the Governor and the Legislature.

6. State Environmental Quality Review Act,Environmental Conservation Law (Article 8)

Under the Statp Environmental Quality ReviewA~t, State agencies and local governments arerequired to prepare an environl'\ental impactstatement for any action that might have asiqnificant impact upon the environment. Thisrequirement applies to larg~ scale energyfacil i ties other than transmission lines anosteam electric generating plants as describedabove. The environment is broadly defined toinclude existing patterns of development andland resources. Actions which have beensubject to an environmental impact statementmust, consistent with social, economic, andother essential considerations, minimize oravoid, to the maximum extent practicable, theadverse environmental effects revealen in theimpact statement (EeL !iB-OI09-B). Inaddition, pursuant to Article 42 of the"Executive Law, SEOR regulations are amendedto require that for actions by a State agencyfor which an EIS has been prepared, suchactions shall be consistent with the coastalpolicies.

7. Water Resources Law, Environmental Conservation Law (Article 15)

Proposals, including those to construct allpipelines, which would excavate or depositfill 1n any navigable waters and anjacentmarshes and estuaries of the State requirepermits issued by the Department ofEnvironmental Conservation.

8. Tidal Wetlands Act, Environmental Conservation Law (Article 25)

The Tidal W~tlands Act requires that a permitbe issuen for uses, including oil piplines,in identified tidal wetlands. It must bedemonstrated that proposed facilities will

A-S

not adversely affect water quality, flood andstorm control, marine food production, wildlife habitats, open space, and aestheticallysignificant areas.

9. Freshwater t<7etlands Act, Environmental Conservation Law (Article 24)

The Freshwater Wetlands Act requires that apermit be issued for uses, including oilpipelines, in identified freshwater wetlands.It must be de~onstrated that proposenfacilities will not adversely affect waterquality, flood and storm control, erosioncontrol, subsurface water resources, wildlifehabitats, fresh'"ater fish sanctuaries, openspace, and aesthetically significant areas.

10. Oil Spill Prevention, Control and Compensation, Navigation Law (Article 12, Section 170et. seq.)

This Article provides for the protection ofthe State' s environment ana econor.lY bypreventinq unreaulated discharge of petroleu~

from major facilities: by authorizing theDepartments of Environmental Conservation andTransportation to respond quickly to removeany discharges: and by establishing liabilityfor any damages sustained within the State asa result of such discharqes.

The Article also creates a fund for clean-up,restoration and compensation for dal'lagescaused by oil spills. Before a license toconstruct a major oil facili ty can be issuenby the Department of Transportation, anapplicant must pay the required fee to helpmaintain the fund and must show that thenecessary equipment to prevent, contain andremove petroleum discharges will be provided.The Department will issue licenses for majoronshore facilities only after the Departmentof Environmental Conservation has certifiedthat the applicant has the necessary equipment to control oil discharges.

11. State Pollutant Discharge Elinination System,Environmental Conservation Law (Article 27)

This Article requires permits for construction of new outlets or new disposal systemsto discharge industrial and other wastes intoState waters, including wastes from nuclearpower plants, other steam electric ~enerating

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plants, and petroleum facilities. Thi~

procedure ensures that establishedquality standards are met.

permitwater

12. Air Pollution Control, Environmental Conservation Law (Article 19, Title 3)

This Article gives the Department of Environmental Conservation the authority to promulgate and enforce regulations controlling airemissions, including those released by energyfacilities. These regulations appear in theState Implementation Plan which details Statestrategies for meeting Federal air qualitystandards under the Clean Air Act.

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POLICY 29 Encourage the development of energy resources on the Outer Con.Iinental Shelf, In Lake Erie and In other water bodies, and .nsure theenvironmental safety of such actlvltl.s.


The State recognizes the need to develop newindigenous energy 80urces. It also recognizesthat such development may endanger the env ironment. Among the various energy sources beingexamined are those which may be found on the OuterContinental Shelf (OCS) or in Lake Erie. TheState has been encouraging the wise development ofboth.

Matters pertaining to the OCS are the responsibili ty of the Department of Environmental Conservation. In 1977, the Department, in cooperationwith regional and local agencies, completed astudy which identified potential sites along themarine coast for on-shore OCS facilities. Todate, these sites have not been developed for thispurpose. The Department, also, actively participates in the OCS planning process by reviewing andvoicing the State's concerns about federal OCS oiland gas lease sales and plans. In its review ofthese proposed sales and plans, the DeFartmentconsiders a number of factors such as the effectsupon naviga tional safety in the establishedtraffic lanes leading into and from New YorkHarbor; the impacts upon important finfish, shellfish and wildlife popUlations and their spawningareas; economic and other effects upon commercialand recreational fishing activities: impacts uponpublic recreational resources and opportunitiesalong the marine coast: the potential for geohazards; impacts upon biological communities; andwa ter quali ty.

The Department of Environmental Conservation hasalso examined the potential impacts of Lake Eriegas drilling and is instituting reasonable guidelines 80 that activities can proceed withoutdamage to public water supplies and other valuablecoastal resources. State law prohibits development of wells nearer than one-half mile from theshoreline, two miles from publio water supplyintakes, and one thousand feet from any otherstructure or installation in or on Lake Erie.Further, State law prohibits production of liquidhydrocarbons in Lake Erie, either alone or inassociation with natural ~as. The Department hasnot, however, reached a decision as to whether ornot the lands under Lake Erie will b.a leased forgas exploration purposes.

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B. State Means for Implementing the Policy

1. Env i ronr:le ntal23-1101 )

Conservation Law (Section

The Department of Environmental Conservationmay lease the lands beneath Lake Erie according to specific siting, operation, and liability requirements. Thus the State's environmental agency will retain control over theprocess and ensure appropriate environmentalsafeguards. The production of liquid hydrocarbons is, however, prohibited by thisArticle.

2. Environl'lental23-0305 )

Conservation Law (Section

~his law provides that the Depart~ent ofEnvironmental Conservation will retain jurisdiction over any active or abandoned well.c;and wellheads and may limit production. TheDepartl'lent ~ay act to terminate hazardousdischarges which threaten natural resources.Under this law, producers and handlers mustl:Iaintain accurate records of quantities ofgas handled.

3. Si ting of Major Utili ty TransmissionFacilities, Public Service Law (Article VII)

This law establishes procedures to befollowed ~y developers of natural ~as in theconstruction of any gathering pipelines fromwellheads and any ~ast~r collecting pipelinesin accordance with the environmentalconsiderations of this Article as discussedunder the previous policy.

4. Public Service Law (Article 4, Section 66)

Under this law, the Public S~rvice ComMissionregulates the safe construction an~ operationof natural gas pipelines from the wellhead toany onshore connection.

S. Waterfront Revitalization and CoastalResources Act, Executive Law (Article 42)

See description und~r Policy 27.

.6. State Environmental OualityEnvironnental Conservation8-0113 )

Review Act,Law (Section

See description under Policy 27.

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7. Water Resources Law, Environmental Conservation Law (Article IS)


8. Freshwater Wetlands Act, Environmental Conservation Act (Article 24)


9. Freshwater Wetlands Act, Environl:lental Conservation Act (Article 24)


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POLICY 42 Coastal Management policies will be considered If the State reclass.Ifles land areas pursuant to the prevention of significant deteriorationregula lions of the Federal Clean Air Act.


The policies of the State and local coastalmanagement programs concerning proposed land andwater uses and the protection and preservation ofspecial management areas will be taken intoaccount prior to any action to change preventionof significant deterioration land classificationsin coastal regions or adjacent areas. In addition,the Department of State will provide the Department ~f Environmental Conservation with recommendations for proposed prevention of significantdeterioration land classification designationsbased upon State and local coastal managementprograms.

B. State Means for Implementing the Policy

1. Air Pollution Control Act, EnvironmentalConservation Law (Article 19)

This law provides the Department of Environmental Conservation with the authority todesignate areas of the State based upondegree of pollution that may be permitted.It allows the Department to consider thatwhat r.lay be proper for a residential area,for example, may not be proper for a highlydeveloped industrial area.

2. Waterfront Revitalization and CoastalResources Act, Executive Law (Article 42)

Section 919 of Article 42 requires 1) thatState agencies actions, including funding,planning, and land transactions, as well asdirect development activities, must be consistent with the policies of this act, 2)that the Secretary of State shall reviewactions of State agencies that may affectachi~vement of the policy, and 3) that SEQRregulations be amended to reflect consideration and impacts on the use and conservationof coastal resources.

S~ction 2 of the Act requires that !itateagencies analyze their programs' consistencywlth coastal policies and that the Secretaryof State recommend any needed modificationsto the Governor and the Legislature.

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POLICY 43 Land use or development In the coastal area must not cause thegeneration of significant amounts of the acid rain precursors: nitratesand sulfates.


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

s. State .Means for Icplementing the Policy

1. Air Pollution Control Act, EnvironmentalConservation Law (Article 19).

2. ~aterfront Revitalization and CoastalResources Act, Executive Law (Article 42).

Section 919 of Article 42 requires 1) thatState agencies actions, inclUding funding,planning, and land transactions, as well asdirect develop~cnt activities, ~ust beconsistent with the policies of this act, 2)ttlat the Secretary of State shall reviewactions of State agencies that liIay affectachievemer.t of the policy, and 3) that SEQR

. regulations be amended to reflect consideration of impacts on the use and conservationof coastal resources.

Section 2 of the Act requires that Stateagencies analyze their programs' consistencywith coastal policies and that the Secretaryof ·State recolilmend any needed modificationsto the Governor and the Legislature.

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BY A WATERFRONT LOCATION · waterfront revitalization program policies ... activities or development in the coastal area will be ... its communities

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