Village of Youngstown Local Waterfront Revitalization Program

[From the U.S. Government Printing Office, www.gpo.gov]

Village of Youngstown
Local Waterfront Revitalization Program

Adopted:
Village of Youngstown Board of Trustees. October 19, 1989

Approved:
NYS Secretary cf State Gail S. Shaffer, June 20, 1990

Concurred:
C.S. Office of Ocean and Coastai Resources Management. July 5, 1990

7
STATE OF NEW YORK
DEPARTMENT OF STATE
GAIL S. SHAFFER ALBANY, N.Y. 1223 1 -0001
SECRETARY OF STATE

MARI. 2 7 19 91

Mr. James Burgess, _Chief
Coastal Programs Division
Office of Ocean and Coastal
Resource Management
1825 Connecticut Avenue, NW
Washington, DC 20235

Dear Mr. @i Burgess:

Enclosed is the Village of Youngstown Local Waterfront Revitalization Program
(LWRP). The LWRP has been adopted by the municipality and approved by" the New
York State Secretary'of State. In addition, your office has concurred on its
incorporation into the State's Coastal Management Program as a routine program
implementation action. Copies of this document are also being transmitted to State
agencies, as well as selected federal, county, and local agencies.

Should you have any questions or concerns regarding this document, feel -free to
contact either myself or Charles McCaffrey of this office at (518) 474-6000.

Sincerely,

George R. Stafford
Directqr
Division of Coastal Resources
and Waterfront Revitalization

GRS: gn

Enclosure
Bi

VILLAGE OF YOUNGSTOWN

LOCAL WATERFRONT REVITALIZATION PROGRAM

Prepared by: Thomas J Dearing, Planning Consultant
For the Village of Youngstown, New York

This document was prepared for the New York State Department of
State Coastal Management Program with financial assistance from the
office of ocean and coastal Resource Management, National oceanic
and Atmospheric Administration, provided under the Coastal Zone
Management Act of 1972, as amended.

US Department of Commerce
N0AA Coastal Services Center Library
2234 South Hobson Avenue
Charleston, SC 29405-2413

NA-82-AA-D-CZ068

This Local Waterfront Revitalization Program
has been adopted and approved in accordance
with the provisions of the Waterfront
Revitalization and Coastal Resources Act of
1981 (Executive Law, Article 42) and its
implementing regulations (6 NYCRR 601).
Federal concurrence on the incorporation of
this Local Waterfront Revitalization Program
into the New York State Coastal Management
Program as a Routine Program Implementation
has been obtained in accordance with the
provisions of the U.S. Coastal Zone
Management Act of 1972 (P.L. 92-583), as
amended, and its implementing regulations
(15 CFR 923).

The preparation of this program was
financially aided by a federal grant from
the U.S. Department of Commerce, National
Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource
Management, under the Coastal Zone
Management Act of 1972, as amended.
Federal Grant No. NA-82-AA-D-CZ068.

The New York State Coastal Management
Program and the preparation of Local
Waterfront Revitalization Programs are
administered by the New York State
Department of State, Division of Coastal
Resources and Waterfront Revitalization,
162 Washington Avenue, New York 12231.

US Department of Commerce
NOAA Coastal Services Ccritcr Library
2234 South
Charleston,

STATE OF NEW YORK
DEPARTMENT OF STATE

ALBANY. N.Y. 1223 1 -0001
GAIL S. SHAFFER
SECRETARY OF STATE

jUt4. 2 0 1990

Honorable Norman Swann
Mayor, Village of Youngstown
Village Center
'440 Lockport St.
P.O. Box 168
Youngstown, New York 14174

Dear Mavor Swann:

It is with great pleasure that I inform vou that, pursuant to the Waterfront
Revitalization of Coastal Areas and Inland Waterwavs Act, I have approved
the Village of Youngstown's Local Waterfront Revitalization Program (LWRP).
The Village is to be commended for its thoughtful and energetic response to
opportunities presented along its waterfront.

I will notify State agencies shortly that 1 have approved the Village's LWRP
and will provide them a list of their activities which must be undertaken in
a manner consistent to the maximum extent practicable with the Youngstown
LWRP.

Again, I would like to commend the Village of Youngstown on its efforts to
develop the LW`RP and look forward to working with you in the years to'come
as you endeavor to revitalize vour waterfront.

Sincerely,

Gail S..Shaffer
GSS:gn
--%aA,r
*,j

A""fr Or C04,
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
J'Arts of Washin gton, D.C. 20235

'T"'T Cr

George Stafford, Director J U L I rj' 1990
Division of Coastal Resources
and Waterfront Revitalization
Department of State
162 Washington Street
Albany, NY 12231

Re: Youngstown, New York Local Waterfront Revitalization Program

Dear George:

The Office of Ocean and Coastal Resource Management has reviewed
your submission of the Youngstown Local Waterfront Revitalization
Program (LWRP) as a Routine Program Implementation to the New
York Coastal Management Program. Charles McCaffrey on your
staff, has informed us that the last sentence in the Explanation
Section of Policy 39 (page 98), should have been deleted when
Policy 39B was deleted. With the understanding that the sentence
will be deleted, we concur with your conclusion that adoption of
the program is a Routine Program Implementation. We appreciate
you making the changes we suggested in our letter to you in
February 1990.

In accordance with the Coastal Management Regulations,
15CFR 923.84, Federal Consistency will apply to the Village
of Youngstown LWRP after you publish our approval.

Sincerely,

Timothv R. E. enev
Director

11illa8t of Vaungstafim
VILLAGE CENTER * 240 LOCKPORT STREET

P.O. Box 168

YOUNGSTOWN. NEW YORK 14174

NE:
INCORPORATED: XELEPHO
APRIL 18. IB54 (106) 745-7721

October 25, 1989

Honorable Gail S. Shafter
Secretary of State
N.Y.S. Department of State
162 Washington Avenue
Albany, N.Y. 12231-0001

Dear Secretary Shaffer:

I certify that the following resolution was moved by Mayor Swann,
seconded by Trustee Riordan and unanimously carried with all
members voting "Aye" at the regular meeting of the Board of
Trustees held on October 19, 1989.

WHEREAS: The Village of Youngstown has prepared a final Local
Waterfront Revitalization Program (LWRP) in cooperation
with the New York State, Department of State;

NOW, THEREFORE BE IT
RESOLVED: That the final Village of Youngstown Local Waterfront
Revitalization Program is hereby adopted, and be it
furthcr

RESOLVED: That the final LWRP be submitted to the New York State
Secretary of State for review under the provisions of
the New York State Waterfront Revitalization and
Coastal Resources Act of 1981.

BE IT FURTHER RESOLVED:

That a certified copy of this resolution be sent to
Gail S. Shaffer, Secretary of State.

Sincerely,

n
@-k
Shirley A. Smith
Village Clerk

TAB,LE OF CONTENTS

Section Page

I. Waterfront Revitalization Area Boundary 1- 1 - 1-5

II. Inventory and Analysis II-1 - 11-75

A. Regional Setting and Community Characteristics ........ 11-5
B. Historic Setting ....................................... 11-6 - 11-7
C. Methodology for Undertaking Inventory and Analysis ... 11-8
D. Demographics/ Socio-Economic Factors .................. 11-9
E. Land Use ............................................. II-10 - 11-19
F. Water-Dependent and Water-Enhanced Uses ............ 11-20 - 11-23
G. Inventory of Major Parcels ........................... 11-24 - 11-32
H. Zoning ............................................... 11-33
I. Land Ownership ........ - ... * ,.... -* ... - ... -* 11-34 - 11-36
J. Environmental Conditions ............................. 11-37 - 11-52
K. Public Services ...................................... 11-53 - 11-70
L. Overview of Previous Land Use Documents ............. 11-71
N. overview of Marketing Factors ........................ 11-72 - 11-73
0. Summary of Key Findings and Issues .................. 11-74 - 11-75

III. Waterfront Revitalization Program Policies 111- 1 - 111- 31
Development Policies.... 111- 3 -III-10
Fishing and wildlife Policies ...................... III-10 -111-12
Flooding and Erosion Policies ...................... 111-12 -111-16
Public Access Policies .............................. 111-17 -111-20
Recreation Policies ................. 111-20 -111-22
Historic and Scenic Resources Policies ............. 111-22 -111-25
Water and Air Resources Policies ................... 111-26 -111-31

IV. Proposed Uses and Projects IV- 1 - IV-18

A. Introduction ......................................... IV-3
B. Comprehensive Plan Modification ...................... IV-3
C. Proposed Land Uses and Projects ..................... IV-3 - IV-18

V. Techniques for Local Implementation V- 1 - V-20

A. Local Laws and Regulations Necessary to Implement
the LWRP .......................................... V- 3 - V-11
B. other Public and Private Actions Necessary to
Implement the LWRP ................................ V-12 - V-14
C. Management Structure Necessary to Implement
the LWRP .......................................... V-15
D. Financial Resources Necessary to Implement
the LWRP .......................................... V-16 - V-19

Section TABLE OF CONTENTS (Cont,d.) Page

VI. State and Federal Actions and Programs Likely to Affect
Implementation VI- 1 - VI-25

A. State and Federal Actions and Programs Which Should Be
Undertaken in a Manner Consistent with the LWRP ... VI- 4 - VI-24
B. Federal and State Actions and Programs Necessary to
7urther the LWRP .................................. VI-25

VII. Consultation With Other Affected Federal, state, Regional,
and Local Agencies VII-1 - VII-4

A. Early Notificatior... ....... VII-3
B. Information Exchange ............. VII-3 - VII-4
ft T
C. Review of Dra @WPJI by State, Fe&*r'al', ' a'n'd**
Local Agencies ...................................... VII-4

VIII. Activities to Secure Local Commitment VIII-1 - VIII-3

A. Youngstown Waterfront Advisory Committee ............ VIII-3
B. Board of Trustees ..................................... VIII-3

Appeqdix

Attachment A - Zoning ordinance Amendments
Attachment B - Local Consistency Law and Coastal Assessment Form
Attachment C - Procedures for Local Review of Proposed State and
Federal Actions

LIST OF FIGURES

Ficrure Pace

1. Waterfront Boundary ........................................ 1-4
2. Regional Setting .......................................... 11-3
3. Population in Youngstown, Niagara County and Erie County.. 11-5
4. Unemployment Rates for the U.S., Niagara County and
Erie County ........................................ 11-5
5. Demographic Factors ....................................... 11-9
6. Existing Land Use ......................................... II-11
7. Land Use Calculations ..................................... 11-13
7A. Major Adjacent Land Uses .................................. 11-17
8. Water-Dependent Uses ...................................... 11-21
9. Major Land Parcels (Map) ............ 11-27
10. Development Potential - Large Vacant *@a@c'e*ls** 11-29
11. major Land Parcels (chart) ................................ 11-31
12. Zoning .................................................... !1-35
13. Steep Slopes/Vistas/ Soils ................................. 11-39
14. Local Fish Habitats and Wooded Areas ...................... 11-41
15. List of Fish Common to the Niagara River .................. 11-43
16. Historic markers and Floodplains .......................... 11-45
17. Local Historic Sites and Structures ....................... 11-47 - 11-49
18. Water Distribution System ................................. 11-55
19. Sanitary Sewer System ..................................... 11-57
20. Storm Sewer System ........................................ 11-59
21. Selected Traffic Counts .................................... 11-62
22. Transportation System ..................................... 11-63
23. 1972 Comprehensive Plan ................................... 11-65
24. Plan Recommendations and Status ........................... 11-67 11-69
25. Proposed Land Use Projects ................................ IV-9
25a. Planning Areas ............................................ IV-11
26 Proposed Land Uses ........................................ IV-13
27. Falkner Park Off-Street Parking ........................... IV-15
28. Park Linkage Concept ...................................... IV-17
29. Proposed Zoning Map ....................................... v-5
30. Implementation Blueprint .................................. V-17
31. Project Cost Schedule ..................................... V-19

SECTION I
0 WATERFRONT REVITALIZATION AREA BOUNDARY

A. BOUNDARY

Reference should be made to Figure 1 for a graphic description of the Waterfront
boundary. As Figure 1 notes the entire Village is included in the coastal area.

The Local Waterfront Revitalization Area (LWRA) boundary enters the village of
Youngstown from the north (Fort Niagara State Park) at the east right-of -way line
of South Lake Street and proceeds to the north Village line. It follows this line
east to the Robert Moses Parkway (west right-of -way). The boundary then turns
south following the east Village line along the west Parkway right-of-way line
approximately 700 feet and turns east to the center of the Parkway right-of-way.

The boundary then generally follows the center of the Robert Moses Parkway
right-of-way south to the south edge of the Parkway interchange with Lockport
street where it intersects the east Parkway right-of-way line again. The LWRA
boundary runs south along the east Village line (also the west right-of-way line
of the Robert Moses Parkway) to the south Village line. it proceeds west and
south toward Church Street and then continues west on the Village line to an area
east of the end of Swain Road. The boundary extends due south along the south-
east Village line for approximately 1,000 feet. At this point the boundary turns
due west to the Niagara River mean high water mark.

The boundary then extends north following the mean high water mark to the south
property line of Fort Niagara State Park. It then follows the scuth property line
eastward to the point of the beginning.

1-3

Town of Porter
FORT NIAGARA

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LEGEND

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===Waterfront Area Boundary

Village of Youngstown A,
V104000

Local Waterfront Revitalization Program
Figure "ll : WATERFRONT BOUNDARY

.Planning Consultant: Thomas J. Dearing

SECTION II

INVENTORY AND ANALYSIS

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Village of Youngstown
Local Waterfront Revitalization Program
Figure 2: REC31ONAL SETTING
Planning Consultant: Thomas J. Dearing

A. REGIONAL SETTING AND COMMUNITY CHARACTERISTICS

The Village of Youngstown is located in the northwest corner of Niagara County
approximately 9 miles north of the City of Niagara Falls. It is situated at the
confluence of Lake Ontario and the Niagara River, and immediately east of Niagara
On-the-Lake, Ontario. Youngstown is within the Buffalo Standard Metropolitan
Statistical Area and had a 1980 population of 2,191 according to the'united States
Census Bureau. The Bureau estimated that the Village's 1985 population dropped
to 2,100 or 4% since the 1980 Census. Figure 2 shows a graphic illustration of the
Village regional location. It should be noted that the Town of Porter borders the
Village on the northeast and south, with the Niagara River serving as the west
boundary.

The Village comprises approximately 1. 14 square miles or 700 acres. Field surveys
indicate that approximately 37% is vacant and able to accommodate new develop-
ment. However, recent population trends and economic projections for the area
do not indicate a great demand for additional construction in the Village.

Figure 3: Population in Youngstown, Niagara County and Erie County

YEAR YOUNGSTOWN NIAGARA COUNTY ERIE COUNTY

1960 1,848 242,269 1,064,688

1970 1,169(+15%) 235,720(-2.7%) 1,113,491(+4.6%)

1980 2,191(+l%) 227,354(-3.5%) 1,015,472(-S%@

1990 2,200(+4%) 217,257(-4.4%) 983,773(-3%)
0 2000 2,300(+4%) 221,589(+2%) 987,749(+4%)

Since the majority of Village residents commute into the City of Niagara Falls or
other areas of Niagara County for employment, the economic decline suffered by
the County has indirectly affected Youngstown. Although unemployment figures
are not available solely for the Village, a good indicator of regional conditions is
shown in Figure 4. The decline of basic manufacturing is the major reason for
the high unemployment rates in Niagara County when compared to the nation as a
whole. Local officials hope that a gradual transition to a more diversified economy
will offset the negative impacts recent plant closings have had on the area.

Figure 4: Unemp loyment Rates for the U.S., Niagara County and Erie County

YEAR UNITED STATES ERIE COUNTY NIAGARA COUNTY

1950 5.2

1960 5.4 6.7 6.5

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

1970 4.8 4.7 5.4

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

1980 7.0 9.5 9.7

--------------- ---------------- ----------------
Narch
1987 6.9 6.A 7.6

Source: Now York State Labor Department, U.S. Census (1950-1884).

11-5

B. HISTORIC SETTING

The Village of '7'oungstown has a rich past. Prior to 1650, the area was claimed
by the Neuter Indians. Wars with the Iroquois, however, forced the Neuters out
and allowed the Iroquois to occupy the land.

The first Europeans to occupy the area were the French. In 1726 the French
founded Ft. Niagara and it remained in their hands until the French and Indian
War. In 1759 France lost the Fort to the British at the Battle of LaBelle Famille.
The British occupied the Fort throughout the Revolutionary War of 1776 and ceded
it to the Americans after the war.

During the British occupation, a settlement of Iroquois existed near the present
location of Youngstown. After the Revolutionary War (in or around 1800) the
settlement consisted of a few buildings including several taverns. Since its
inception, the Village's history has been intertwined with that of the Fort. It was
probably founded to serve the needs of the Fort as one of the first industries of
the locality was driving cattle from the east to be used at the garrison.

The Village derived its name in 1808 from John Young, who was the first
businessman of the community. Previous to this time, the Village had no name.
John Young was said to be an empire loyalist who resided across the River in
Newark, now known as the Niagara-on-the- Lake, Canada. In Canada he used the
surname Tice, but used Young in America. He owned much of the land in the
Village during its early history.

During the War of 1812, several outlying batteries of Fort Niagara were located
along the River bank in the Village (Fox Point, Salt Battery) and artillery duals
were fought with the British across the River. In 1813 the entire Village, as well
as every other municipality on the Niagara Frontier was burned to the ground in
retaliation for the American's burning Niagara-on-the- Lake (then called Neward).

By 1823, the village had rebuilt but there were still not more than a dozen frame
houses along Main Street. The area around Youngstown was heavily wooded so
lumbering became an important industry. Later flour, fishing and the fruit trade
flourished.

During the 18401s, industry in Youngstown prospered. The Old Grist Mill was just
one of the structures built to accommodate business. By now, Youngstownts
relationship with Fort Niagara was strong and business with the Fort flourished.
The mill, however, went into decline when the Erie Canal opened and the flour
trade was usurped by communities in and around the Buffalo area.

The Village was incorporated in 1854 and elected George Swain as its first mayor.
Around the turn of the century, Youngstown acquired a reputation as a fine resort
area. The El Dorado Hotel, then located at the corner of main and Water Streets,
was very popular and served many guests until its demise in 1930.

Today, the Village is a quiet community with a small business district. Many of
the older, historic structures are still standing and in use today.

11-6

As is shown by the above paragraphs, the Village has been historically and
economically linked to the water and Fort Niagara. Although the River and Lake
no longer serve as a commercial trade route out of Youngstown, new opportunities
exist for the Village to capitalize on its shorefront location. This includes the
development of sport, fishing support services, recreational boating and as a
destination point for area travelers wishing to enjoy the scenic beauty of the
Village location.

A 500 acre State Park has now developed around Fort Niagara with immediate
access to the area off the Robert Moses Parkway. The latter is a State road
running north-south, east of Youngstown. Tourists can now enter the Park
without driving through the Village. This has reduced opportunities for capturing
spin-off retail or tourist dollars by Village establishments and has diminished the
economic link between the Fort and Youngstown.

11-7

C. MIRTH012OLOGY FOR UNDERTAKING INVENTORY AND ANALYSIS

The purpose of the Inventory and Analysis Section eleme nt is to describe existing
conditions and identify opportunities, as well as constraints, to waterfront
development. It is also intended to define certain natural features which should
be preserved as part of the management program developed by the Village.

The waterfront area, as defined in Section I, includes the entire Village. In some
instances, it has been necessary to include a wider study area to ensure that all
possible factors which might influence waterfront development are addressed. For
example, the level of activity at Fort Niagara State Park, in terms of land uses and
visitor traffic, has been examined to better determine the Park's impact on the
Village. A specific delineation of the study area as opposed to the waterfront area
has not been defined. In cases where the study area extends beyond the water-
front area, the area will be defined within the text.

A wide range of information has been collected in the inventory phase. This
includes the following:

- Environmental Factors
- Land Use
- Demographics
- Circuiation Patterns
- Piiblic Service Capacity
- Major Waterfront Land Parcels
- Vacant Waterfront Parcels
- Public Land ownership Patterns
- Recent and Proposed Capital Improvements
overview of marketing Factors

As noted earlier, a thorough analysis of these factors will permit an understanding
of those opportunities and constraints present in the village. It should be
stressed, however, that the technical analysis has been strongly complemented by
information received from Village officials, as well as local residents, through both
public meetings and the Youngstown Waterfront Advisory Committee meetings

Finally, information gathered in this section will assist in formulating shoreline
policies. The data will not only determine policy direction, but also provide
background material for preparing those guidelines necessary to review waterfront
actions for consistency with the policies.

11-8

D. DEMOGRAPHIC SISOCIO-EC ONOMC FACTORS

Information concerning a variety of demographic factors is included in Figure 5.
It is presented in a comparative table format in order to gain a sense of
Youngstown's characteristics relative to Niagara County and the Village of
Lewiston along the Niagara River. Census information reveals that the Village is
well educated with almost 8% of all persons over 25 having a high school education,
while 26% have a college degree. Employment figures reflect the white collar
nature of the work force (i.e. 66%) with a good mix of employment types. The
latter range from professional employees (i.e. 191 or 27% of total) to farm woikers
(8 or .8% of total). Finally, although the median household income was $24,031 in
1980, 38% of all households made between $25,000 and $49,999 and 4% (i.e. 94@ of
all persons in the Village were living below the federal poverty level.

Figure 5: Demographic Factors

Jurisdiction Household Median Porcent Percent Percent Percent P"rt;ent
Size House- Elderly Housing Vacancy Houses in Sam
hold owner/ Rate Built D/U
Income occupied 1939 or Since
Earlier -197S

V. Youngstown 2.99 $24,031 8.4% 74% 3.6% 32% 40%
----------- -------- --------- ---------- -------- --------- ---------
V. Lewiston 2.65 21,822 16.0% 97% 3% 24% Solt
----------- -------- --------- ---------- -------- --------- ---------
Niagara 2.83 17,834 1 11.9% 77% 4% 42% 50%

source: igeo census, u.s. Department of Labor

An analysis of the demographic information point to some basic conclusions. These
are that:

1 . The Village has a small but growing elderly population wh ich, when examined
in combination with the declining household size of the community, will
create a demand for housing types different from the traditional single family
home.

2. The Village is well 'educated, and well 6ff in comparison to the County as a
whole. This reflects a stable population base and a citizenry concerned
about community issues.
:jt7
unty

11-9

E. LAND USE

The Village of Youngstown extends over almost 700 acres of land, of which
approximately 64 percent is currently developed. Both residential and commercial
development originally occurred along Main Street in the vicinity of Hinman and
Lockport Streets. Later development created a radial pattern of residences going
up northeast and southeast along Lockport Street (State Route 93) and Church
Street. Figure 6 depicts categorical land uses within the Village as collected from'
field surveys (July, 1986). Detailed acreage were calculated from village
assessment maps and summarized in Figure 7.

1. Reffidea=

Single family residential use is the largest single land use within the Village.
It occupies 280.29 acres at a density of 2.1 dwellings per acre. single-
famfly residences are common in all areas of the Village, except for the
commercial district centered at Water, Main and Lockport Streets.

Two-family residences comprise a minor land use in the Village. Most are
located in a four block area bounded by Main, William, Third and Hinman
Streets. others are located in Jackson Street near Lake and the southwest
intersection of Hinman and Third Streets. Their density amounts to 3.0
units per acre. The majority of these dwellings are located in older homes
that have been converted to two-family homes.

Multi-family residences are generally located in an area bounded by the
Niagara River, church, Third and Lake Streets. Notable exceptions include
a large 2.8 acre development consisting of two, seven-unit buildings and
three, six-unit buildings on the east side of Lake Street near the northern
Village boundary. Two separate developments on Third Street (one at the
northeast corner of the Lockport/Third Street intersection and the other
about halfway between Lockport and Oak Streets) also exist.

The Villa apartments are an example of a new multi-family development
located at the far northwest corner of the Village along the River. Older
multi-family housing is located closer to the central commercial district.
Almost all residential units are in good to excellent condition.

2. CommercialiMdustrial:

Almost all commercial development is located in the area bounded by Water,
Main and Lockport Streets. A small area is located at Church and Third
Streets. These include marine services along Water and Main Streets,
seasonal/tourist facilities also on Main Street and newer development along
Lockport, Third and Church Streets (bank, pharmacy, food). A mixture
of other services are also present to serve the local population. older
structures often are of mixed use with residential units above commercial
units. Many of the older commercial structures are of historic interest. The
Youngstown Cold Storage Company located at the intersection of Elliott and
Third Streets is the only industrial use located in the Village.

3. Public/Semi-Public:

Public/ S emi- Public land uses within the Village are varied in their character.
Cemeteries, church land, Village and Town offices/services and public
utilities are the principle uses.

II-10

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Single-Family Residential
Multi-Family Residential

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Public/Semi - Public

Recreation

Vacant
Village of Youngstown
Local Waterfront Revit;alizaZion Program
Figure 6 - EXISTING LAND USE
Planning Consultant: Thomas J. Dearing

Figure 7: Land Use Calculations
Percent Percent
Land Uses Acreage Developed Of Total

Single Family 279.29 63.87 40.27

................... ............... .................. ...............
Two Family 3.31 0.75 0.48

................... ............... .................. ...............
Multiple Family 15.78 3.59 2.26

................... ............... .................. ...............
Commercial 9.59 2.19 1.35

................... ............... .................. ...............
Industrial 2.10 0.48 0.30

................... ............... .................. ...............
Public/Semi-Public 12.99 2.96 1.87

................... ....... ....... .................. ...............
Recreation/Open
Space 1 13.70 2.89 1.82
................... ............... .................. ...............
Transportation 102.90 23.45 14.78

Total Developed 438.79 100.00 63.04

................... ............... ............. .... ..............
Vacant
(Undeveloped) 256.96 36.91

TOTAL LAND USE 696.00 100.00

Source: Field Survey; Tax Assessment Maps: Consultant
Calculations (DDK Associates)

4. Recreation/open Sqiqpace:

There are five public parcels reserved for recreation and open space.

Waterfront Park - Water Street - (.54 acres)

The Park occupies the only public land along Water Street. it
contains a single boat launch (public), parking for ten vehicles (non-
trailered), a shorewall for fishing and transient boat tie-ups, benches
for passive recreation, and a vacant former U.S. Customs Building.
The latter structure occupies 25-30% of the site, thereby diminishing
total park area available for public use.

The Customs House will be relocated to Veterans Park for use as a crafts
building. If at sometime in the future the Village wishes to re-establish its
port of entry status, substantial space is available at the low-rise building
in Constitution Park.

11-13

Constitution Park - Main Street - (1. 10 acres)

This recently acquired parcel provides a good view of the Lower
Niagara River with rest areas and a gazebo. Waterfront access is
available, but this section has not been developed. Better linkage
should be explored between Constitution and Falkner Parks. The
latter is an active recreation area immediately across Main Street from
Constitution Park. Currently, the road serves as a barrier to free
movement between the two public areas. The Village currently owns
a residential structure on the bluff which is unoccupied and acts as
a constraint to pedestrian movement down the embankment. The
Village will determine the historic significance of the structure prior
to any park development on the site.

Falkner Park - Main Street - (2.32 acres)

This park is located on main Street between William and Lockport. It
extends through the block to Second Street and contains both passive
and active recreation uses (wading pool, play equipment, baseball,
etc. ) .

Memorial Park - (7.4 acres)

This park is located on Third Street with aa additional uutlet to
Church Street. It is the largest of the Village parks with both active
(tennis, baseball diamonds, etc. ) and passive (picnic tables, covered
structure) recreation facilities. It also houses the Village Youth
Recreation Program which is operated from a temporary mobile
structure. The park is bordered by large vacant parcels. It is
important to maintain a low intensity type use on this private parcel
to insure compatibility with the recreation activity occurring at
Memorial Park

Neighborhood Park - (2.0 acres)

This park is located in the center of a single-family housing
development bounded by Applewood, Westwood, Parkside and
Brampton. It is a playground with the usual passive and active
facilities. Three twenty-foot wide rights-of-way allow public access
to the playground.

Additionally, the Seaway Trail, a National Recreation Trail, follows Main
Street (Route 18F) through the village of Youngstown. The Seaway Trail
is a mixed-use shared right-of-way recreation corridor running 474 miles
from the New York Pennsylvania border to Massena, NY.

5. Vacant:

Vacant land is the second largest land use in the village behind single-
family housing. It is located mainly on the Village edges (north, east and
south) with other significant parcels in the central area between Church

11-14

Street and Brookshire Road. The amount of vacant land is significant as it
lends itself to.a variety of development possibilities.

6. Transportation:

The only other use in the Village are roads, which occupy 102.9 acres of
land. One important aspect of the street system is the vacant, waterfront
street ends. Some of these (e.g. Niagara and Church Streets) could be
used for aesthetic overlooks of the Niagara River. It should be noted that
the street ends off Main Street can only be used for road purposes. Any
attempt to erect structures or develop the property in any other manner is
not within the purview of the Village property rights. This provision is
included in the original deeds outlining Village ownership.

7. Adiacent Uses:

various land uses located in close proximity to Youngstown can influence the
Villages ability to achieve Master Plan goals or LWRP policies. Therefore,
it is important to note those nearby uses and analyze their possible impact.
Figure 7A illustrates the location of adjacent uses.

a. Fort Niagara State -Park:

This 500 acre multi-purpose recreation facility is located on the
northern border of Youngstown and administered by the Niagara
Frontier State Parks and Recreation Commission.

Lying' at the confluence of Lake Ontario and the Niagara River, the
Park contains a beach, swimming Ipool, new boat launch, U.S. Coast
Guard Station/Naval Reserve Headquarters, playgrounds/ picnic areas,
soccer fields, old Fort Niagara (17th Century Fort and French
Castile), lighthouse and snowmobile paths. once an integral part of
Village commerce, the Park has little or no ties with the Village today.

The Park features regularly scheduled activities that attract patrons
from throughout the State. youth soccer clinics and state
competitions, special entertainment, concerts, and nature programs
are scheduled, during the season and help attract over one million
visitors annually. This includes average admissions to Old Fort
Niagara of 128,500 per year which represents 12% of park attendance.
Studies conducted as part of the Village Comprehensive Plan (1972)
to assess the impact on Village commerce identified an average park
attendance of 377,400 per year (1965-1970) with 75% being admissions
to old Fort Niagara. As is evident, there has been dramatic growth
and change in the use of park facilities (286.7% from the 1970's to the
19801s) and the exposure of the area to tourists and recreation trade.

The historic interdependence between the Park and Village has
diminished over the years to the point that most of the visitors to the
area are unaware of the existence of nearby Village commerce. The
lack of signage on the Robert Moses Parkway and the lack of
promotional and economic coordination with the Park have further

11-15

compromised Village retail and services . In fact.. while Park
attendance/activitY has grown significantly since 1970, their effect on
Village business has declined due to the by-pass or), the Parkway and
lack of visibility to area traffic. A consolidated eflort is needed to
recapture part of the lost area tourist trade for the survival of Village
commerce.

b . Four Mile Creek State Park:

This 248 acre park is located two miles nort heast of Youngstown on the
shores of Lake Ontario. It includes 250 campsites. During the near
future, there may be new campgrounds, constructed at the Park along
with new boat launch and fishing facilities. The latter were
recommended in the Niacrara County Fisheries DevelopMent Plan
prepared by the Niagara County, Department of Economic Development
and Planning in 1983. Should such development occur the attractive-
ness of Four Mile Creek State Park for campers and fishermen will also
increase. The demand for nearby camping and fishing support
services will increase which could create opportunities for retail
establishments in'Youn4stown.

C. Joseph Davis State Park:

This 388 acre State'facility is located off Route 18F approximately 1. 5
miles south of the Village in the Town of Lewiston. It provides bank
fishing, swimming, picnicking, and general river access for park
users. The proximity of the park to the village allows it to serve as
a community resource and helps address the recreational demands of
village residents.

d. Adiacent Subdivision:

Collingwood Estates and Youngstown Estates are single family
residential subdivisions in the Town of Porter. They have access to
Route 18F and are immediately adjacent to the Village's south
boundary. The estimated number of units are 75-100, which house to
approximately 300-400 residents. Due to the proximity of
Youngstown, the retail and other support services offered in the
Village are utilized by this population group.

e. Water Uses:

It should be noted that two anchorage areas are located in the River
adjacent to the Village. These extend to the eastern boundary of the
mid-river channel and allow regulated mooring. The U. S. Army Corps
of Engineers has permit jurisdiction in such areas through the River
and Harbors Act authorization . This sets regulations on uses and
activities within navigable waterways.

The U.S. Coast Guard also has permit jurisdiction within the nooring
areas and regulates activities such as boating safety.

11-16

LAKE ONTARIO
FOUR M11' CREEK
S TAT R K

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NIAGARA ON-
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JOSEPH DAVIS
STAT E PA R K
Village of Youngstown
Local Waterfront Revitalization Program
Figure 7A: MAJOR ADJACENT LAND USES
Planning Consultant-. Thomas J. Dearing

The Youngstown Yacht Club has 119 moorings and has an approximate
150 foot dock reserved for transient boaters. Williams Marine,
formerly Pierce Marine, has 78 moorings, 26 slips, and has up to 50
feet reserved for transient boaters.

The offshore anchorage areas provide unique scenic vistas for
Youngstown residents. The harbor area is a landmark scene which
is synonymous with the Village of Youngstown to non-residents.

The marina and yacht club provide transient berthage, gasoline,
diesel fuel, water, ice, electricity, pump-out, marine supplies, a
launching ramp, mobile lift to 20 tons, and hull and engine repairs.
The harbor area does not create any negative impacts, but does
contribute substantially to the waterfront ambience of the community.

A seasonal passenger ferry used to operate between the Village Dock
and Niagara-on -the- Lake, but has been discontinued. Although there
currently is not a market for such a ferry, should one develop in the
future, adequate dockage space and customs facilities could be made
available at Constitution Park. A low- rise building exists on the site
which could accommodate the customs function previously carried out
at the small building in Waterfront Park. As noted earlier, t',Ile latter
is being removed to expand actual park space.

11-19

F. WATER-DEPENDENT AND WATER-ENHANCED USES

Water-dependent uses would not exist without a shorefront location. Water-
enhanced uses receive added value or importance because of proximity to the
shoreline. Frequently, they function as support services for water uses. Water-
dependent uses play an essential role in determining a shoreline's economic
importance and public acceptance of its worth as a public resource needing careful
planning.

The Youngstown waterfront (those parcels directly on the Niagara River) is
approximately 6970 feet long and composed primarily of residential uses that sit
atop a steep embankment lining the River. This embankment is excellent for scenic
vistas of the Lower River, but prohibits general access to the water. only those
residents who have invested in stairways and/or docks have utilization of the
waterfront.

The dominant uses along the waterfront are single-family residences and commerce
at 4058.74 feet (58.2%) and 1842.3 feet (26.4%), respectively. Commercial uses are
concentrated in the Water Street area. The restaurants, public parks, and
residential housing are all water-enhanced uses. Examples of water-dependent
uses consist of the Youngstown Yacht Club, the ramp at the public park,
dock/mooring spaces, Williams Marine and Sailor's Supply. Water street opens up
about 20% of the Village coast to access and is heavily used during the summer
months. Currently, boaters and transient visitors have a major economic impact
on Village commerce and provide substantial support for Village business. Figure
8 illustrates the location of water-dependent uses situated west of Main Street.

Vehicular access to Constitution Park off Water street can only be made by a
narrow, privately owned gravel road. Since the Park is not developed, the limited
demand for vehicle access has not caused any problems. Pedestrian access to the
waterside section of the Park is along the private road, or an existing stairway off
the top of the bluff.

The Water Street area is seasonally active with recreational boaters, fishermen,
and tourists. Pedestrian and vehicular traffic crowd the area on summer weekends
and find limited services to complement marine facilities. Commercial services are
available at Williams Marine and Sailor's Supply.

Additional retail outlets for fishing equipment, as well as restaurants could find
a welcome market in the Village. As the Village becomes more popular and the
recommendations noted in Section IV carried out, it is likely that fishermen and get
away weekenders will create a market for "bed and breakfast" establishments and
inn type lodgings. These are oriented toward recreational boaters who visit the
250+ moorings in the harbor. Fishing is present in the area, but is limited by the
lack of near-shore docks, public launches and trailer parking. Sportfishing
represents a significant revenue opportunity for waterfront development.

Although the Youngstown waterfront is mainly used by boaters, there is some on-
shore fishing activity at Waterfront Park and Constitution Park. The area,
however, is not considered a fishing hotspot, so demand for more space is not
voiced.

11-20

NIAGARA Town of Porter . ---- ---, - --- \\
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LEGEND

40 1 1 1. Constftution Park

1 2. Boat Storage
3 Youngstown Yacht Club
1 4 Waterfront Park & Boat Launch
0 of 5. Pierce Marine

18F *eve
N
Village of Youngstown
Local Waterfront Revitalization Program
Figure 8: WATER-OEPENOENT USES
Planning Consultant: Thomas J. Dearing

water Street is physically separated from the rest of the Village by the Niagara
River embankment. The Village commercial center is located at Lockport and Main
Streets immediately adjacent to Water Street. This is the hub of Village retail
-activity and runs from the Village Park on Main Street to Hinman Street. It
contains mostly residential/neighborhood retail facilities (hardware, food, laundry,
post office, bank, etc. ) with only a few services oriented toward tourist or the
waterfront (gas station, convenience store). While functionally isolated from the
business district, adjacent areas are residential to the north and south and are
significantly different in character from the waterfront and its patrons. some of
the storefronts within the Village Center are in need of facade improvements. This
would increase the area's attractiveness as a commercial corridor for residents and
seasonal visitors.

more'specifically, the Main Street commercial area is characterized by high,
overhead utility lines, no landscaping between Hinman and Lockport Streets, and
little signs. The structures are generally 2-3 story brick facade buildings with
mixed use tenants. Some wood frame buildings are interspersed. A few buildings
are circa 1800's.

11-23

G. INVENTORY OF MAJOR PARCELS

A key part of the analysis is the identification of all public lands and private
parcels of 5 or more acres. These usually represent areas where the greatest
opportunities for, or constraints to, development exist. Large parcels often serve
as anchors to development and dictate land use patterns. Therefore, the
identification of these areas is useful in determining opportunities for future
private or public investment in the Village.

Figure 9 graphically illustrates the major parcels while Figure 10 includes a
corresponding table which describes various features of each land use.

A key information item contained in Figure 10 is the column marked "Potential for
Change". This notes the status of each land parcel relative to its potential to
continue in its existing use or change to a different one (e.g. vacant to
residential). Factors used to determine the response shown in this column include
adjacent land use patterns, parcel size, location, ownership patterns, and public
utility access. Figure 11 graphically shows the major vacant parcels which are
privately owned.

In summary, development by the Year 2000 will likely consist of modest residential
growth to accommodate the expected influx of 86 new households. The latter Will
be divided among various housing types; however for general land allocation
purposes the standard of 4 units per acre is an appropriate guide. By applying
this standard to the projected household increase. it is apparent that approxi-
mately 20 acres of land will be needed for residential development. As Figure 10
notes, eight major land parcels have been assigned a high or medium potential for
development. These are as follows*

1. Parcels 18 (East Section Only) and 20. These are located in the
north-central section of the Village. The potential for future multi-
family housing in this area is good given the surrounding use pattern
which includes the Youngstown Village Square area and the
townhouses along Jackson Street. Utility access and vehicle access
on to South Lake St. is also good in this area.

2. Parcels 5. 11 and 12._ These are located between Church and Oak
Streets. Good access to any of the above streets can be provided by
the parcels, utilities are accessible and their development would begin
a concept of infill development whereby land closer to the Village
Center would be encouraged for land development prior to the outlying
areas.

3. Parcel 26. This parcel is located north of Oak Street between Third
and Elm Streets. It has two access points from Oak and can easily be
linked to the existing residential subdivision to the east. This would
also continue the infill policy and provide good access to existing
utility systems.

4. Parcel 29. Although small in total size (4.2 acres), the parcel
includes 14 vacant subdivided lots in the subdivision off Oak Street
in the east/central section of the Village. The land is somewhat

11-24

isolated but the mere fact that the parcel has been subdivided and
would complement the existing development pattern indicates that it
should be a priority for development.

5. ParceIg 1 and 2. These large parcels are located south of Church
Street and extend to the Village boundary with the Town of Porter.
An analysis shows a medium potential for development mainly due to
the odd shape of parcel 2 and subsequent expense of utility
connections.

6. Parcel 25, This seven acre parcel is situated between Brookshire and
Lockport Streets. It has gcod access off Brookshire and shares an
entrance off Lockport with St. John's Evangelical Lutheran Church.
Although its potential for development is high given the location, this
potential may be compromised by any future plans that St. John's has
for the parcel.

11-25

Town of Porter
FORT NIAGARA %ago say-
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:,Ire Public

Private (5+ acres)
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18F
Village of Youngstown
Local Waterfront Revitalization Program
Figure 9 : MAJOR LAND PARCELS
Planning Consultant: Thomas J. Dearing

Town of Porter
FORT NIAGARA SO-
TATE PAW@, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Z Development Potential
High

Medium

Low

N
Village of Youngstown
Local* Waterfront Revitalization Program
Figure 11: DEVELOPMENT POTENTIAL-
LARGE VACANT PARCELS
-Planning Consultant: Thomas J. Dearing

Type of Cwne.: mass of 11 or also Land (Classif.) Suisting use Fotential for Change Zoning
. ................................................................................... .............. =....... .... ==

1. Privets First. Promb- BoclatT of 1. Pertmir 5-2 Realdkwatial Vacant modium RCL-3

2. private Roff"vold "a rraborg 10-9 Residentlal Vacamt Medium RCL-3

3. Public Village 7.4 Park Nemorial Fork Low PI

4. Public Towu of Porter .25 utility Sewage pump at. Low RCL-3

S. Private Gondar 7-4 Reffildestial Vacant High 2-15

G. Public Village 6.6 Third- St. antesslon so" vacant 1.0m NA

7. Public Village 1.0 C&MPb&ll & 2111OLt St. Yard Butonsion and Medium NA
as" cinder drive

8. Public Village .50 Front St - and Tard zatouslon Bodies NA

0. Public town of Porter .75 InstIt. Cemetery Low R-SA

10. Public Village .54 park Waterfront Park Low PF

11. Private Baker. Kaggs. Coup A Allen 12.6 Residential Vacant High R-15

12. Private Moyer 5.8 Residential Vacant High R-15

13. Private WAR Properties 8.0 Residential vacant Low R-20

14. Public Village 2.0 park Neighborhood Playground Low FT

15. Private Dol"ShL 7.6 assIdestiol vacant Low RCL-3

is. Public New Fork State 22-4 Transportation Robert Kasen Pkwy ROW Low NA

17. Public Village 1-0 Residential Vacant Low R-20

Is. Private Youngetomm/Porter Dow. Assec- 96-0 Residential Vacant medium ICL-3

19. Private Gross Pla"Iso 92.7 Residential Vacant Low RCL_3
CY)
20. Private Tomagateman Village ft. 16-0 Residential Vacant multi-Family Apt$. Medium RCL-3 I
F4
21. Public Village .25 Niagara St. and Salt Battery Mono. - Vacant medium NA F-4

22. Public Village 2.32 work Yalknor Park Low Py

22- Public Village 1-20 Park Constitution Fork Law C

24- Public 'Village 1-00 Institution Village Nall Low C

25. Private St. Jobu-m Zvoungelical Cburcb 7-00 Sami-public Churob High R-20

26. Privet4a maker, Kaggs. Coup Allen 1-60 Residential vacant High RCL-3

27. Private Stays 5.30 Residential Itesid. and Vacant LOW R-40

24. Private Wrigbt@ 11.2 Residential Vacant Lou U-40

29. Private Kollamber 4.2 Residential Vacant High R-11

Figure 10 Major Land Parcels

H. ZONIN

Zoning classifications are shown in Figure 12. They include residential,
commercial -and public uses reflecting the prominence of single-family housing at
various densities (R-8 through R-40). The commercial. district is also prominent
as a consolidated, compact center east of the Niagara River embankment.

A restricted commercial district is located along Water Street, allowing water-
related uses as opposed to general commercial.

Other zoning districts include public facilities and cluster family residence.

The following outlines key problems areas with the Zoning ordinance as relates to
the ViLlage's ability to plan properly for future growth, as well as implement LWRP
recommendations.

over 100 acres are zoned for residential cluster housing. Much of this
is in the outlying sections of the Village. This will allow medium
density housing on most vacant parcels and could create a sprawl or
dis'Jointed development pattern.

Therel's no vacant land zoned for multiple-family housing. Thus, any
new high density housing would have to occur through single- family
conversions. This is inappropriate and does not recognize the
changing demographics and smaller household sizes in the village.

Although the immediate waterfront area along Water Street is zoned
Commercial Restricted, thereby restricting use to water-dependent
activities, a need exists to integrate the Main Street area with the
waterfront, as well. This can be accomplished through complementary
use regulations, design standards, and special permit requirements.

The Main Street area is zoned commercial, allowing most any type of
commercial use. This creates little space for retail uses which could
capitalize on waterfront vistas to improve their marketability such as
restaurants, galleries, and specialty shops. A need exists to give
these types of uses priority over grocery stores, hardware outlets,
barber shops, etc. and also to provide incentives to those uses which
provide public access to vistas of the harbor.

0 The zoning ordinance provides no bluff controls. Since this landform
serves a variety of public purposes, such as erosion protection and
viewing areas, it is important that some controls be established.

0 The zoning ordinance has limited sign regulations. This can cause a
disjointed visual environment along Main Street, thereby reducing its
role as a pleasant shopping area and complementary service center to
the adjacent boating area.

0 The ordinance includes an agricultural district, yet the zoning map
does not show any land in this classification.

11-33

I. LAND OWNER,9HIP

Approximately 3.5 percent of the Village is in Public ownership. (Note: this does
not include road right-of-way) Such parcels are noted on Figure 9 and described
in Figure 10. The Village owns approximately 3.5 acres directly on the
waterfront. This includes street ends as well as Constitution and Waterfront
Parks. of the 24.6 acres of public land approximately 32 percent of it is vacant.

11-34

Town of Porter
FORT NIAGARA IBM.
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LEGEND

Z R-40 Single Family
R-20 Single Family
R-15 Single Family
R-11 Single Family
R 41) R-8 Two Family
R-SA General Residence
RCL-3 Cluster Residential
PF Public Facilities
C Commercial
CR commercial Restricted

18F, r
Village Of YOUngstown N
Local Waterfront Revitalization Program
Figure 12: ZONING

Planning Consultant: Thomas J. Dearing

J. ENMIROWENTAL CONDITIONS

An inventory of environmental conditions within the waterfront area is an essential
ingredient when determining' opportunities for, and constraints to,. future develop-
ment. For the purpose of this analysis, the following factors were examined:
topography, soils, fish and wildlife habitats, water quality, historic/ archaeological
features, and vegetative characteristics.

It should be noted that there are no State regulated wetlands or serious-erosion
problems within the Village and the area is in attainment with all State air quality
standards. Very narrow 5-151 sections of the shoreline are designated as flood
hazard areas and are shown in Figure 16. It should be noted that only two
structures are located within these areas.

1. Topography:

Within the Village of Youngstown, elevation decreases northwesterly from the
southeast boundary (308 feet above sea level down to approximately 240 feet
at lake level). The Village is generally at an elevation of 290 feet, with
approximately 15 feet elevational difference from Ulrich Lane (southeast) to
Jackson Street (northwest). West of Main Street, the mean elevation rapidly
falls from approximately 290 feet atthe rear building line of properties with
frontage on Main Street to an elevation at lake level. This change in
elevation of 45 feet takes place in a horizontal distance of 70 feet along the
Niagara River embankment. These elevations and distances create a slope
of 65%, while a more uniform slope of about 23% exists from Elliott Street
north to the northern tip of Fort Niagara Park at Old Fort Niagara. The
location of the steep slope embankments are shown on Figure 13.

2. soils:

Reference should be made to figure 13 for the location of various Isoil types
within the Village. The dominant types are Niagara Silt Loam and Ovid Silt
Loam. The former has a generally low bearing capacity for use as a
foundation for low buildings, while the latter has a moderately high
capacit@y. The Ovid Silt Loam type has a high water table which can cause
drainage problems.

3. Ve etative Characteristics:

Much of the embankment along the River is also natural wooded and low
brushland. Such vegetative features support some small scale wildlife. The
vegetation also serves to stabilize the embankment by absorbing water
during storms and drainage.from upland areas. The other wooded areas
vary in size-the largest being a thirty to forty acre parcel directly east of
the Glenvale/ Brookshire Road intersection east to the Robert Moses
Parkway. A second parcel of about ten acres lies just to the south of the
Robert Moses Parkway interchange between Elm Street and the Parkway.
Two smaller wooded parcels of less than five acres are located in an area
bound by Oak, Third, Lockport and Northfield.

11-37

Hardwood make up much of these wooded areas, consisting of beech, white
ash, oak, basswood.. tulip, poplar, hickory, red maple and elm. It should
be noted that the wooded areas are in outlying sections of the Village within
interior lots. Land use controls should be established to preserve these
areas.

Since the Village is considerably urbanized, the most common types of
vegetation in the area is composed of grasses and legumes, wild herbaceous
upland plants, hardwood plants and stands of coniferous trees.

4. Wildlife:

There are no significant wildlife habitats within the Village. Areas offering
characteristics sympathetic to wildlife cover include wooded areas and
brushland. These areas include the Niagara River embankment, isolated
woodland stands and -vacant undeveloped land where brush and/or grass
offer cover.

5. Waterfowl:

The most evident population of waterfowl in and around the village are
gulls. The placid stretch of Niagara River from Lewiston to Lake Ontario
provides good feeding conditions for hundreds of gulls. Most numerous are
the Herring, Ring-billed and Bonapartes. Less numerous species include
the Great Black-backed, Glaucous, Iceland, Little, Black-headed and
Franklins.

6. Fish:

The Lower Niagara River from the vicinity of Water Street in Youngstown to
old Fort Niagara is a good fish habitat. Figure 14 notes the location of the
habitat while Figure 15 lists fish species known to exist in the Niagara River
and Lake Ontario.

The New York State Department of Environmental Conservation has engaged
in a comprehensive fish stocking program for many New York State
waterways. For the Niagara River, the numbers are significant. The River
was stocked with 25,000 Rainbow Trout (Steelhead Strain) 4.75 inches in
size and 292,000 Chinook Salmon 3 and 3.25 inches in size (NYSDEC), 1985).
This program augments an excellent sport fishing business in the area.
Benefits to local business in and around Youngstown are significant.

Unlike some Lake Ontario shoreline communities, the salmon stocking
program has not created any congestion problems in Youngstown. Due to'
the physical limitations of the shoreline in the Village, fishermen utilize the
launching and on-shore fishing facilities at Artpark and Fort Niagara State
Park. However, efforts to capture some of the spending dollars generated
by sport fishermen for supplies, food, and lodging needs to be better
capitalized on by Village merchants.

11-38

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Figure 13: STEEP SLOPES I VISTAS I SOILS
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Figure 14-. LOCAL FISH HABITATS and
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Planning Coms"Itantt Thomas J. Dearing

Figure 15: List of fish common to the Niagara River

Lonose Gar Barred Killifish
Sawbelly Perch
Sucker Bass
Carp Darter
Chub Common Suntish
Dace Sheepshead
Notropisd-stramineus Sculpin
Shiner Stickleback
Catfish Salmon
Bullhead Trout
Stonecat Sturgeon
Pickerel Pike
Muskellunge Eel

Source: New York State Department of Environmental Conservation

7. Drainaae:

The main drainage problems for Youngstown are caused by the unique topo-
graphy of the Village. Some sections have limited elevational differences
resulting in occasional ponding of stream runoff. This condition is
noticeable in the area bounded by Church, Lockport and Third Streets and
the east corporate limits. Runoff can stand for several days following a
rainstorm. Flooding from the Niagara River (and subsequent erosion) is
minor.

8. Water Ouahty:

Youngstown's main surface water resource is the Niagara River. It is
designated a Class A Special stream by the New York State Department of
Environmental Conservation (the highest classification). This means that
it is an international river suitable for the widest range of uses, including
water supply, bathing and fishing. Pollution discharge restrictions are
severe --- no noticeable color or odor is permitted, nor can untreated
sewage or water be discharged into the River. It must at all times meet
NYSDEC minimum standards. These classifications set limits on the type,
quality and quantity of effluents that can enter the various streams.

An unclassified intermittent stream also runs through the south section of
the Village before emptying into the River. In such circumstances the
NYSDEC places a I'D" classification on the stream. This indicates its
suitability for agricultural drainage purposes only.

The 1984 report of the Niagara River Toxics Committee outlined the current,
critical issues facing the public relative to toxic chemical intrusions into the
River. Water quality in the Lower Niagara River was sampled along with
biota and sediment. Such samples revealed that 24 chemicals having serious
or potentially serious health risks were significantly concentrated within the
Lower River. Levels of contaminants occasionally surpassed the strictest
water quality criteria as noted in the 1978 rreat Lakes Water Quality
Agreement (GLWQA) between the United States and Canada. Compounds
that exceeded the standards in the GLWQA once or more included ahiminum,
cadmium, chromium, copper, lead, silver, zinc, hexachloro-cyclohexane,
chlordane and total recoverable phenols. The source of such chemicals

1-1-43

likely occurs upstream of the Lewiston area at various toxic waste sites,
sewage treatment plants and chemical plants along the River.

Fish (i.e. Young-of-the-year spottail shiners) were also analyzed off the
banks of the Lower River and found to have PCB and mirex levels which
exceeded certain GLWQA levels. In addition, other sport fish species in this
area exceeded State and provincial levels for PCB and mirex. This has
caused certain restrictions to be placed on the size and quantity of fish
which can be taken for human consumption.

These are serious problems for Youngstown. Although their solutions are
beyond the jurisdiction of the Village, it is important that local officials take
an active role in seeing that higher levels of government take action to
cleanup the River. Since the Niagara River and Lake Ontario are so closely
intertwined with the quality of life in Youngstown, this is a critical issue for
all Village residents.

9. Historic/Archeolggicdl Sitas:

There are no sites or structures listed on the National Register of Historic
Places in the Village.

Figure 16 locates roadside markers showing areas of State importance.

.In surnmary, the Village has three State roadside markers. These are:

a, The Salt Battery, located at Main Street near William. This site
served as an American artillery battery during the War of 1812.
Remnants can be seen and the site currently serves as a Village Park.

b. Fox Point Battery, located in the Bloody Run area on Main Street,
south of Campbell. This site also served as an American battery
during the War of 1812. It is located on a dame (glacial feature) and
is so named because at the time the area was infested with foxes.

c . Battle of LaBelle Famille. Located adjacent to B loody Run, the site is
the location of a significant battle between the French and the British
during the French and Indian War. The British defeated the French
at this battle and were subsequently able to control the Youngstown
area and Fort Niagara.

There are many structures and sites within the Village that are considered
to have local historic significance. Many single-family homes and commercial
building have circa plaques on them describing the date on which the
building was constructed. Structures are buildings that are still in
existence today while sites are locations of structures that once existed at
that location but are no longer present.

A quaint linear, tree-lined corridor exten ds the length of Main Street (e.g.
Route 18F). As one enters the Village from the south, the road is canopied
by large shade trees and well kept large single family homes. The corridor
extends through the commercial center and on through another stately

11-44

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Local Waterfront Revi tali z Stion Program
Figure 16: HISTORIC MARKERS & FLOOOPLAINS
Planning Consultant'. Thomes j. Do 0
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residential area to the entrance to Fort Niagara State Park. Many of the
wood frame homes are circa 1800's and feature large front porches and
entrance lawns. As mentioned earlier, the commercial area suffers from a
lack of landscaping, coordinated signage and facades, and imposing utility
lines. With some physical improvements, this could become a very pleasing
gateway to the Village Center and Fort Niagara State Park.

Finally, the New York State office of Parks, Recreation, and Historic
Preservation had determined that the entire Village is an area of
archeological sensitivity. This determination is based on the presence of
sites within the Village. These may include archaeological sites associated
with the War of 1812, and the French and Indian War, as well as pre-
historic sites.

Figure 17: Local Historic Sites and Structures

Structure/Site Circa Location Remarks

Father Virot Monument 1759 Swain/Mary's Killed at Battle
of LaBelle Famille

---------------------- ----------------------------------------------------
Ferryboat Service 1790 Pierce Marine Passengers to
Canada

---------------------- ----------------------------------------------------
Iroquois Homesite 1800 unknown
---------------------- ----------------------------------------------------
First School 1806 unknown Oldest building
in Village
---------------------- ----------------------------------------------------
Ulrich Residence early Main/ First house
1800 Campbell post 1812
---------------------- ----------------------------------------------------
Falkner Home after main/ post 1812
---------------------- ----------------------------------------------------
Davis Block begun Main/ Merchants in
1823 Water 1830's

---------------------- ----------------------------------------------------
Ship Yard 1830 Main/ 1800's ship
Chestnut building
---------------------- ----------------------------------------------------
Swain Residence 1830 914 Lower Cobblestone
River Rd. house

---------------------- ----------------------------------------------------
First Presbyterian 1837 Church/ Enlarged in
church Main 1897
---------------------- -----------------------------------------------------
Grist Mill 1840 Water Street First floor
remains

---------------------- ----------------------------------------------------
School Building 1840 Main/ Site of log
Church cabin school
---------------------- ----------------------------------------------------
Ontario Hotel 1842 Main/ Site of old
Lockport Hathaway Tavern
---------------------- ----------------------------------------------------
St. Bernard's Catholic 1846 Hinman/ Parish began
Church Second in 1830's

If-47

Tigare 17: Local Ristoric sites and Structures (continued)

Structmre/site circa Location Remarks

Cammunity Cemetery 1840 Church/
Second
---------------------- -----------------------------------------------------
Underground Railway early Church/ smuggling to
1800 Main Canada
---------------------- -----------------------------------------------------
Steam Vessel Harbor 1845- Bloody Run small boat
1855 Creek dockage
---------------------- -----------------------------------------------------
Methodist Church 1852 Main Street now use.1 for
apartments
---------------------- -----------------------------------------------------
Iran Flume 1830- Church Street loaded grain
1900 (foot) on ships
---------------------- -----------------------------------------------------
Canandaigua Railroad 1856 Bloody Run used once;
Creek abandoned
---------------------- -----------------------------------------------------
Elbridge Residence 1860 main/
Elliot
------- -------------- -------------- --------------------------------------
ralkner Monument 1875 Main Street fatber/son
doctors
---------------------- -----------------------------------------------------
St. John's Episcopal 1878 130 Main St'. Gothic revival
Church
---------------------- -----------------------------------------------------
Z1 Dorado Hotel 1890 main/ torn down 1935
Water
---------------------- -----------------------------------------------------
Red Brick sc 1 2892/1819 Lockport/ Village office
1927 Third and museum
---------------------- -----------------------------------------------------
Electric Strap 1896 Third Street operated by
Railroad (*nd) Youngstown Cold
Storage (29SO)
-- ------------------- ---- - ----- - ----- -------------- - ---------------- -
St. John's Lutheran. 1900 Third/ formed in
chux,ch Oak Bairsville
---------------------- ----------------------- -----------------------------
V111, St. Vincent 1902 Fort Mlagars formed in
orphanage
---------------------- ----- ------- ---------------------------------------
Guild Hall 1902 rort Niagara with St. Vincent
---------------------- -------------------------------- ------------------
volunteer Fire CO. 1921 HLnwan/ *so
second

So, Porter Historical Society; Niagara County Planning Department

11-49

10. Aesthetic Resources:

The most important aesthetic resource in the Village is the Niagara River
with ths accompanying embankment along the shore. Visual access to the
waterfront is limited, however, by Main Street development and dense bank
foliage. Available views are panoramic-the River with the opposite Canadian
shore offers outstanding views in all seasons. To the north, Niagara-on-
the-Lake can be viewed, to the west the Canadian shore and to the south
the beginnings of the steep gorge walls at Lewiston. Numerous sailboats can
be viewed either at mooring or under sail in the summer, while the winter
offers spectacular ice views. The fall offers the changing colors of the
leaves, while spring features the melting ice and the budding leaves.

Public access to these spectacular views is available in very few places. The
Church, Elliott and Campbell Street ends are obstructed with dense foliage.
The Village-owned public park adjacent to the Yacht Club allows the most
complete view of the waterfront, albeit limited, since it is at water level and
does not include a panoramic view from the top.of the bank. other glimpses
of the River are available from Main Street between buildings. The recently
purchased Constitution Park on the west side of Main Street provides good
views of the River and adjacent shoreline.

The view of the shoreline from the River is equally impressive. The heavily
wooded embankment and beautiful homes make for spectacular vistas. The
many boats moored in the harbor during the summer also create a pleasing
sighl_ Boat storage structures (docks, storage, etc. ) directly to the north
of the harbor, however, detract from the view. Wherever possible, efforts
should be made to screen structures from view to preserve the visual quality
of the waterfront.

Reference should be made to Figure 13 for the location of good viewing areas
along the Village waterfront.

11. Niagara Rivel: Characteristics:

After the Niagara River has passed through the Falls and rapids system
between the City of Niagara Falls and Lewiston, it enters a rather placid
stretch that continues to Lake Ontario. Numerous stretches of flats and
shoals line both sides of the River.

The topography of the River's bottom varies . Generally the slope of the
bottom follows a short stretch (less than 100 feet) of relatively shallow water
(less than 18 feet) before it falls away rapidly at 100-150 feet to about 30-
40 feet and then slopes away at a steady rate to a maximum depth of 60 to
75 feet at mid-river. At Youngstown, shallow river depths are more
prevalent in the northern area. Approaching Water Street, depths increase
rapidly and then moderate toward the south Village limits. It should be
noted that the bottom topography is variable. Sedimentation and River
currents are constantly changing the contours of the River bottom.

11-51

It is worthwhile to point out the qualitative difference physical development
along Main Street can have on visual access. The historic homes and
commercial structures, although blocking views tor the most part, do
provide periodic glimpses of the River through sideyards, driveways, etc.
The nicely landscaped homes, in fact, contribute to the scenic enjoyment.
Conversely, Villa Apartments reflect a large-mass structure totally blocking
views through it to the water. In addition, the structure's architectural
style is incompatible with adjoining uses.

11-52

K. PUBLIC SERVICES:

1. Water 5uT)

The water supply in the Village of Youngstown is provided by the Niagara
County Water District (NCWD). The current distribution system is fed by
the NCWD through three main sources:

a. A 12 inch cast iron main on Main Street.

b. An 8 inch cast iron main on Lockport Street.

C. A 6 inch unlined cast ixon main on South Lake Street.

The Village also has a dry line from the Niagara River for emergency fire
protection. The OD.ly access is a dry hydrant on the west side of Main
Street across front Hinman Street.

During the spring of 1984, the Village commissioned a feasibility study on
the building cf a new water treatment plant to potentially replace the County
as a water source (Nussbaumer and Clarke, Inc., "Preliminary Report on the
Water System for the Village of Youngstown, N.Y.; May, 1984). The report
concluded that the initial annualized cost of building, operating and
maintaining a water plant is more expensive than purchasing water from the
.NCWD. Potential problems include obnoxious odors that plants sometimes
give off (thus producing public concern) and the lack of a suitably sized
0' waterfront parcel with enough buffer for adjacent uses.
The report also noted several deficiencies of the present system as evaluated
by the Insurance Services office, including insufficient fire flow pressure.
To correct this, the Village initiated an improvement program whereby fire
hydrants are being disconnected from old 4 inch lines and are being con-
nected to newer, larger diameter water mains. This program should result
in lower insurance costs for the Village and its residents. The other system
improvement recommended was the construction of a new 415, 000 gallon
elevated storage tank to insure reserve system capacity (constructed 1986).

It is estimated that future water consumption for the Village and Fort
Niagara State Park will increase by 212, 563 gallons to 341, 000 gallons per day
by the year 2005. The Village water system is depicted in Figure 18.
Adequate capacity currently exists within the NCWD treatment plant, which
is operating at 53% of capacity.

2. Sanitary Sewers:

Sanitary sewer facilities are composed of the trunk sewer network that
collects waste water from various users and the treatment plant that helps
purify contaminated waste water. This system (Figure .19) helps to insure
the water quality of the River and must be adequate to meet the needs of
Village development. The availability of sufficient sanitary sewer capacity
is often a major determinant of suitability for urban 01-velopment.
Youngstown has a sewage collection system which transfers f-),.- ws from -:L11

11-53

sections of the Village to the Town of Lewiston Water Pollution Control
Center on Pletcher Road. This facility was completed in 1976 and utilizes
technologically proven methods for water treatment. The design flow of the
plant is 2.75 million gallons per day (MGD) and can more than handle
current average daily flows of approximately 2.0 MGD. A 750,000 gallons
per day surplus is available for anticipated future demand (700-800
equivalent households).

The sanitary sewer network serves most of the Village (only four residential
septic systems exist) and possesses no significant capacity problems.
Although storm water infiltration has been a problem in the past, an
aggressive program to repair mains, -close off ground water inflow and
separate storm and sanitary water has been successful and is being
continued. New commercial development below the waterfront embankment
cannot take place without increased pumping and line capacity in the force
main from Water to Main Street (currently a 4 inch main). Similarly, sewer
service on Candlewood Drive, Lockport Street, and Elm Street must be
improved if adjacent vacant lands are expected to develop.

While the collection network in the Village is sound, structural problems
have occurred in individual house laterals in Bonwyn Acres (Cherry,
Applewood, Parkside, 11orthfield, Westwood, Brampton). The 110 unit,
single-family subdivision was built in 1958. during construction of the New
York State Power Project +10 house families working on the project. The
laterals were made of mixed asbestos /concrete material and have universally
failed from soil shear, lack of seals, and poor installation. since area soils
are wet, septic capacity in the area has resulted. Replacement is the
principal solution, but currently beyond either Village or homeowner means.
The C arrollwood /Wingate/ Brookshire area has recently been discovered to
possess similar yet less serious problems owing to its later construction.

Storm Sewers:

one of the principal problems in the Village is storm water run-off. Due to
relatively flat topography and poor permeability of the soil, storm run-off
frequently cannot be drained by natural means. The result is ponding of
water after major rainstorms. This condition, as highlighted previously, is
evident in the area bounded by church Street, Third Street, Lockport
street and the east corporate limits. The subsequent need for drainage
ditches, storm sewers and other manmade means of storm water removal is
imperative. Figure .10 depicts the existing storm sewer system in the
Village.

The three major outlets for storm water in the Village are the Niagara River,
the Robert/Moses Parkway (road ditch system) and north across agricultural
lands toward the Lake. Of these, only the Niagara River presents
unobstructed drainage and while improvements have been made to better
utilize this outlet (larger storm sewers on Carrollwood, Oak and Church
Streets oriented to the River), topography limits its potential. The east
sections of the Village drain to the Parkway. The ditch east of Elm cannot
take any more drainage. Overgrown and narrowed Parkway ditches restrict
water flow causing ponding in the ElIm/Oak area. The Carrollwood area and

11-54

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Planning Consultant: Thomas J. Dearing

Bon-vr,rn Acres flow north to a pond at the Village line. This area is also
overgrown and silted, resulting in storm water back-up and ponding. The
solution to both of these problems lie beyond --he village boundary.

New development potential on vacant land coincides mostly with areas of
storm water problems. The parcels north of Carrollwood and east of Elm
receive storm water from other areas, compounding drainage flows. Besides
continuing efforts to improve the outlets north of the Village and along the
parkway, new develop-ment will need to retain upstream water and properly
manage its flow into downstream receivers. This will require retention
ponds to hold water until the system can accept excess storm water. In
addition, Bonwyn Acres and the Carrollwood area may need storm sewers
with restricted outflows to detain water from its eastward and northward
flow. The ditch east of Glenvale should also be closed and sewered to avoid
current problems of infill and cleaning between existing residences. The
establishment of a maintained pond north of carrollwood within the Village
would provide some measure of storm water control. In summary, a
comprehensive Storm Drainage Plan is needed to better analyze the issue and
suggest storm drainage standards for Village officials when evaluating
subdivisions or new construction proposals within the community.

4. Transportation:

The circulation system in Youngstown should provide for the movement of
goods and people in a safe, efficient manner and establish adequate access
for land development. Such access should not diminish the use of the
system or create impediments to traffic flow. Primary vehicle access to the
0 Village is provided by the Robert Moses Parkway (north/south) and the
Youngstown- Lockport Road (Route 93) in the east-west direction. Lower
River Road (Route 18F) provides additional north/south access into and out
of the Village. Route 18F is part of the State Seaway Trail/State Touring
Route along Lakes Ontario and Erie, as well as the Niagara River. This
designation provides access to the historical features of the Village.

Due to the Village's location along the River and its circumvention by the
Parkway, little thru-traffic is generated. The Parkway permits the Fort
Niagara traffic to bypass the Village. Local and boating traffic are the most
frequent generators. Figure 21 depicts selected traffic counts for the major
roads serving Youngstown and its immediate vicinity.

Village collectors are Church, Third, William and Lake Streets. These guide
local, residential traffic in a safe and efficient manner to the more heavily
traveled minor arterials. Local streets provide adequate circulaton for
existing and anticipated residential development.

Parking is a minor problem in the waterfront area. seasonal demand for
waterfront-related services periodically causes problems during peak summer
weekends. New parking opportunities are discussed in Section IV.

11-61

Finally, although the Niagara Frontier Transportation Authority has
jurisdiction in the Village, there is no public transportation service in
Youngstown. Given the needs of the area residents, this has not created
a problem.

It should be noted that Route 18F is presently operating at approximately
50-60% of capacity. Although rated capacities were not available.for other
roads in the Village, visual observation and discussion with local officials do
not reveal any traffic deficiencies.

Figare 21: Selected Traffic Counts

Segment Segment August
Name Location Year Daily Traffic Length

Robert Moses Lkpt. - 1980 8000 2.1 mi.
Parkway Lake Rds.
-------------- ----------------- --------- ----------------- ------------
Lower River Lkpt. - 1980 2000 2.3 mi.
Road (18F) Pletcher
-------------- ----------------- --------- ----------------- -------------
Lockport Road Lower River 1981 2900 0.9 mi.
(93) Rd. - Parkway

Source: Niagara Frontier Transportation Committee, 1983

5. Community Services:

1. Fire Protection: Fire protection for the Village is provided by the
Youngstown Volunteer Fire Company, located at the corner of Elliott and
Third Streets. In case of emergency, units from Ransomville, Lewiston,
and Wilson can be called in to provide additional protection.

2. Tolice Protection- There are no permanent police facilities in the Village.
Four part-time officers, however, have been hired to patrol after 6: 00 p.m.
A police car has been purchased for their use. Year round full-time law
enforcement is provided to the Village by the Niagara County Sheriff,
Department located in Lockport and Niagara Falls, and a State Police facility
located in Lewiston.

3. Solid Waste: Garbage disposal in the Village of Youngstown is provided
exclusively by private contractor to the Modern Landfill site at Model Cites
in the Town of Lewiston. The site operates under State permits and has a
projected life through 2003, according to the 1986 New York State
Legislature Commission on Solid Waste. No disposal sites are located in the
Village.

4. Coast Guard: For water safety, a Coast Guard search and rescue station
is located at Fort Niagara State Park.

11-62

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Local Waterfront Revitalization Program
Figure 22: TRANSPORTATION SYSTEM 6
Planning Consultant: Thomas J. Dearing

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Figure 23- 1972 COMPR HF
Planning Consultant-, Thomas j. Dearing

1972 1987
PLAN RECOMMENDATION CURRENT SYATUS

A. RESIDENTIAL A. RESIDENTIAL

1. 130 housing units should be built between 1970 end 1980, to 1. 116 units were constructed in this time period.
accommodate population growth.
2. Recommended that majority of new residential units after 1972 be 2. 100% were single-family through 1980; between 1981-1985, 40
single-family. housing units were built and 92% of them were multi-family.

3. Area east of River Road, and south of Swain Road, should be 3. Development has not occurred.
developed for low density housing.

4. Areas between Church and Oak; Lockport and Brookshire; and north 4. Development has not occurred.
af Lockport to the north Village line should he medium density
housing.

5. High density housing should only occur in outlying areas if low 5. Construction of Youngstown Village Apts.
or medium density is not proposed.
6. Some high density housing may be appropriate appropriate along river bank. 6. Villa Apartments were constructed; however, these were
underway at time of plan development.

B. COMMERCIAL

B. COMMERCIAL
1. Commercial development should be concentrated in CB. Include
motel/restuarent catering to tourists. Facade improvements 1. Hotel development has not occurred.
should also occur.

Z. Specialized business district/promenade should be developed 2.
north of water Street on water's edge. Recommendation was not carried out.

C. INDUSTRIAL
C. INDUSTRIAL
1. The designation of industrial land was not proposed for the
Village.
1. New Industrial development has not occurred.

D. RECREATION

1. Seven now acres or parkland were proposed including an addition D. RECREATION
to Falkner Park and acquisition of a parcel east of Third street
between Lockport and oak street. 1. Memorial Park was developed as well as the 1.2 acre
Constitustion Park.

E. UTILITIES E. UTILITIES

1. Recommended that the village develop a storm drainage program.

1. Store sewer systems has been installed.

Figure 24, Page 1: Plan Recommendations and Their Current Status

1972 PLAN 1987
RECOMMENDATION CURRENT STATUS

F. CIRCULATION F. CIRCULATION

1. Oak and Els Street& should be considered to accommodate 1. Recommendation was not carried out.
dditional traffic.
2. New north/south collector between Lockport and the Village line. 2. Recommendation was not carried out.

3. New east/west collector between Lockport and Swain St. 3. Recommendation was not carried out.
extension.

4. Now local street& at the following: 4. Recommendation was not carried out.
a. Extension or amain east to Church St.
b. Between Brookshire and Lockport load.

5. Realign Elm St. with W. Oak Terrace. 5. Recommendation was not carried out.

6. More parking needed downtown. 6. Recommendation was not carried out.

7. A planned systematic street improvement progress should be 7. Recommendation was not carried out.
Initiated.

8. The following recommendations were madeto alleviate congestion 8. Recommendation was not carried out.
on Vatez Street:
a. Extend Felly St. North and establish another intersection
with Main St.

b. If 8 (a) was not feasible, consider closing traffic on water
St. to vehicles and create a Pedestrian sell.

9. Off-center intersection at Glenvale and Third Street. 9. Recommendation was not carried out.

10. Intersection Improvement at Williams and Third Street. 10. Improvement was made.

11. Extend Third Street from Elliott to Riverview. This would 11. Recommendation was not carried out.
become a minor arterial.

G. ANNEXATION G. AMMETATION

1. Two areas totalling 74 acres should be annexed into the Village 1. Recommendation was not carried out.
from Town of Porter.

FIGURE 24, Page 2: Plan Recommendations and
Their Correct Status

L. OVERVIEW OF PREVIOUS LAND USE DOCUMENTS

The following narrative briefly describes proposals which have been developed for
the Village by different agencies. Reference should be made to Section IV for a
description of why certain suggestions were ruled out for inclusion in the LWRP.

1. Compreh ensi e Plan:

Village -of Youngstown (December, 1972). A projected 1990 population of
3,250 was used as the basis for recommending a variety of public
improvements and land use designations for Village land. Figure 23
illustrates the 1972 proposed land use plan, while Figure 24 lists plan
recommendations and their current status. The major problem with the
Comprehensive Plan is the high population of 3250. This is 36% more
residents than are currently projected for 1990 in the LWRP. Thus, the
extensive road network and residential land allocations noted in the 1972
Plan are not appropriate. Another way of looking at the discrepancy
between the 1972 document and LWRP pertains to the number of new
'residential units each plan projects for 1990. The Village Comprehensive
Plan suggests the need for 112 Units between 1985-1990, while the LWRP
shows a need for 27 units.

2. Niagara Frontier Bicycle Master Plan:

March 1981 - Niagara Frontier Transportation Committee. The plan proposed
a Class I Bikepath on the Robert Moses Parkway right-of- way. This would
provide bicycle trail linkage between the Youngstown area and the City of
Niagara Falls.

3. Niagara County Economic Development Stratecry:

A.D. Little, Inc., (1986). The report identified the Youngstown area as
part of a larger tourist circuit in the County. The circuit would link scenic
areas such as the Niagara Gorge, Barge Canal, and Lake Ontario boating
sites. The report also examined the feasibility of creating a super marina
at Youngstown capable of accommodating 400-600 moorings/slips. This was
ruled out due to physical constraints of the site and the hamlet of Olcott was
selected instead.

4. Fisheries Development Plan:

Niagara County Department of Economic Development and Planning (January,
1984). Although the report did not recommend specific projects within the
Village, it did propose new boat launch facilities at both Fort Niagara State
Park and Four Mile Creek State Park. Due to their close proximity to the
Village, it is important to note the proposals in this overview. The launch
at Fort Niagara has been completed.

11-71

M. OVERVIEW-0-F MARKETING FACTORS

A key determinant of any future land or water use for the Youngstown waterfront
is market conditions. The potential for a particular use must be considered in
relation to community desires and physical constraints to land development. This
will ensure that the LWRP is not prepared in a vacuum. The scope of the water-
front program, however, does not permit a detailed market analysis for all uses.
Rather, it is appropriate to include a general overview of market conditions for
selected land uses most often mentioned in past studies of the Village's waterfront.
The information used in the evaluation was developed through basic land use
demand/need methodologies. The results of the marketing analysis were used in
developing proposed land and water uses for the Village.

1. Parkland:

The Village currently has approximately 13.25 acres of public park land.
A standard of 5 acres per thousand population is recommended in the New
York State Outdoor Recreation Plan (1983). When applying this standard
to the Village, it can be seen that Youngstown has adequate park space to
serve their population both now and into the future. The following
illustrates this point:

Park Space Park Space
Year Popu. Needed Available

,1985 (Est. 2100 10.5 Acres 13.25 Acres

1990 (Proi. ) 2200 11 Acres N/A

2000 (Proj. ) 2300 11.5 Acres N/A

The low need for more park space is even more evident when the State
facilities at Fort Niagara, Four Mile Creek, and Joseph Davis State Parks are
taken into account.

2. Housing:

An analysis of the housing need in the Village through the Year 2000 was
carried out using the population projections contained in section II and the
household projections established by the Erie and Niagara Counties Regional
Planning Board in July, 1985 for the Year 2000.

Finally, by using the Village household size and the population projections
for the Year 2000 it was determined that approximately 78 additional
residential units will be needed in Youngstown over the next 13 years. For
planning purposes a 10% deviation factor should be added to this projection
which would increase the expected units by 8, bringing it to a total of 86
units. This is not significant and can easily be accommodated on existing
vacant parcels within the Village.

11-72

3. Retail

Due to the minor population growth anticipated durilig the study period,
significant retail development will not occur. Existing neighborhood
commercial uses such as food stores and pharmacies adequately serve the
current population and can handle the approximately 200 new residents by the
year 2000.

It should be noted, however, that demand for restaurants and
boating/fishing/camping support facilities will likely increase over the coming
years. Recreational improvements at surrounding state parks, combined with
a modest increase in tourist traffic, will create opportunities for new
commercial enterprises within Youngstown.

4. Marinas and Boat Launch:

Market conditions and public demand suggest that additional recreational
boat slips and launching facilities are needed in the Youngstown area. The
physical constraints posed by the steep river shoreline and limitations of
existing traffic patterns, however, rule out the feasibility of such uses withil-i
the Village.

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K. SUMMARY OF KEY FINDINGS AND ISSUES

The following provides a brief summary of opportunities and constraints/ problems
present in the Villaga.

1. Niagara River water quality has been severely threatened by toxic chemical
intrusions. Although the solutions are beyond Village jurisdiction, it is
critical that Youngstown officials be active in remedial plan development.

2. Although village population will not grow to a great degree through the Year
2000, the slight rise in elderly population coupled with the decrease in
household size will create some need for multiple family housing units.

3. The modest population growth projected for the Year 2000 will create few
market opportunities for new residential, commercial, and industrial growth.
However, fishing and tourism activities generated by the River and adjacent
State Parks will create retail opportunities for businesses catering to the
needs of outside visitors.

4. During the peak boating season vehicle/ pedestrian congestion is a problem
in the Water/Main Streets area.

5. Public access to the River is limited for Village residents. This not only
includes physical access but visual access as well.

6. The use of the public park on Water Street is hampered by the adjacent Yacht
Club congestion, steep slope of the riverbank, small size of the parcel, and
limited parking area, and intrusion onto parkland by the former Customs
building.

7. Storm drainage is a problem in the outlying areas of the Village east of Third
Street.

8. Due to the Village's location near Fort Niagara and the confluence of the
Niagara River with Lake Ontario, it has a rich history. This is reflected in
area landmarks and structures. Opportunities exist to promote the historic
flavor of the Village while at the same time, safeguarding these same
resources from deterioration due to age or structural changes.

9. The existing Village comprehensive Plan was prepared in 1972 and based on
inflated population projections. This has reduced the document's usefulness
to Youngstown officials as a planning guide.

10. Since 36%, or 257 acres, of Village land is vacant, Youngstown can easily
accommodate the modest growth anticipated. However, planning is required
to insure that such development occurs in an economic and environmentally
sound manner. It is estimated that 20 acres of Village land will be converted
from vacant to a developed category by the Year 2000.

11-74

11. A major impediment to waterfront development is the steep slope. However,
this feature also creates spectacular views for residents and visitors to
Youngstown. The challenge is to provide accessibility to these visitors
wherever possible. The embankment also requires protection from develop-
ent which would hasten unwarranted erosion.

12. The Village has four stub streets going from Main Street toward the River.
These provide opportunities for physical or, at a minimum, visual access to
the water from Main Street. A serious constraint, however, is the fact that
the property can only be used for transportation purposes.

13. Constitution Park represents a unique opportunity to capitalize on both the
scenic vistas offered by the bluff, as well as the direct River access provided
by the waterside section. It is important that the design and use of this area
be treated sensitively and incorporate the needs of the community as to its
eventual use. Mechanisms to better link Constitution Park with the adjacent
Falkner Park should also be examined.

11-75

SECTION III
0 WATERFRONT REVITALIZATION PROGRAM POLICIES

DEVELOPMENT POLICIES

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

POLICY IA REVITALIZE THE UNDERUTILIZED MAIN STREET/LOCKPORT
STREET COMMERCIAL AREA FOR RECREATIONAL,
COMMERCIAL, AND OTHER COMPATIBLE USES.

POLICY 1B UPGRADE FACADES AND SIGNAGE ALONG THE MAIN STREET
COMMERCIAL AREA.

POLICY IC DEVELOP A PUBLIC PROMENADE ALONG MAIN STREET FROM
HIN14AN STREET TO THE FORT NIAGARA STATE PARK
ENTRANCE.

POLICY 1D MAINTAIN THE EXISTING ENTRANCE TO THE FORT NIAGARA
STATE PARK AT THE END OF MAIN STREET IN THE VILLAGE
OF YOUNGSTOWN.

Explanation of Policy

The three block Main Street/Lockport Street area is an underutilized commercial-
strip which is characterized by non water dependent or enhanced land uses along
the waterside of Main Street. The corridor contains minimal landscaping and
street furniture. It is dominated by a myriad of overhead utility lines and poles.
Finally, the building facades and signs are disjointed and require a consistent
theme.

The public and private groups within the Village have also not organized to
promote the commercial establishments or undertaken any public improvements to
enhance the area. This situation has resulted in lost opportunities for the Village.
As noted in Section II, the resurgence of sport fishing and the continued viability
of recreational boating and Fort Niagara State Park as visitor draws create
opportunities for the Youngstown Village center. New demands for sport fishing
support services will occur as new launches are opened at Fort Niagara State Park
and possibly Four Mile Creek State Park. The proximity of the Village to Fort
Niagara State Park should be capitalized on to better channel tourists into the
Village for meals, scenic stop overs, or specialty shopping. The Seaway Trail
should be signed along the appropriate streets to assist in this endeavor.

These opportunities can be realized through the implementation of the above
policies.

The following guidelines will be used to review actions for consistency with this
policy as it pertains to any future development of the area covered by Policy IA.

a. Priority should be given to uses wbich are enhanced by or dependent
on a location in close proximity to the water (e.g. sight seeing at
Fort Niagara state Park) and the recreational activities associated with
it.

111-3

b The action should enhance existing and anticipated uses.

C. The actions should serve as a catalyst for private investment in the
ai ea.

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

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

f. The action should have the potential to improve the existing economic
base of the community, and, at a minimum, must not jeopardize this
base.

9. The action should improve adjacent views of the water and, at a
minimum, must not affect these views in an insensitive manner. This
guideline applies to the vista seen from Constitution Park.

h. The action should be consistent with the following guidelines
relative to use, structure height, signage, bulk and landscaping.

(1) Uses permitted include restaurants, bait/tackle shops, ship supply,
specialty shop s/boutiques, professional and craft studios, professional
offices and residential uses, except on the first floor of buildings,
village inns, parkland, parking as required under the Village Zoning
ordinance, and accessory uses incidental to the above uses.

(2) In addition to those uses listed in paragraph h(l) above drugstores,
stores selling groceries, meats, baked goods, and other such food
items, are permitted on the east side of Main Street.

(3) The height of buildings shall not exceed thirty (30) feet unless
provisions are included in the land or building improvement which
provide substantial areas to view the Niagara River which are
accessible to the public. In such cases, the structure height can be
increased by an additional ten (10) feet.

(4) Billboards, ground signs, roof signs, projecting, and single standard
signs are prohibited.

(5) All signs shall be integrated with the structure, its style, design,
and architectural elements.

(6) Neon signs, and any other signs displaying flashing or visible moving
elements are prohibited.

(7) One wall sign shall be permitted on each wall for each non residential
use in a structure.

111-4

(8) Wall signs shall not project more than 12 inches from the wall to which
they are affixed.

(9) Wall signs shall not extend above or beyond the wall in an7 direction
and shall not extend above the bottom of the sill of second story
windows or 15 feet above grade level.

(10) Allowable square footage of sign areas shall be 75% of the street
frontage of the particular building said sign(s) is affixed to.

(11) All commercial and business uses shall be limited to 4, 000 gross square
feet, unless provisions are included in the building or land
improvement for substantial areas to view the Niagara River which
are accessible to the -Dublic. In such cases, gross square footage
can be increased to 5,000 square feet.

(12) While recognizing the small nature of lots in the Main Street commercial
area, any new development shall make efforts to incorporate adequate
landscaping into any improvements. This shall include buffering
parking areas, outdoor storage sites, and loading/ unloading areas.

(13) Facade improvements shall be consistent with the generally brick,
woodframe, stonework and clapboard siding features currently
characteristic of the area. ,

(14) The mass and bulk of any new construction should be in harmony with
adjacent buildings. The relationship of width to height of new
structures shall be consistent with the ratio of the adjacent
structures.

(15) Color choice of new construction should be influenced by surrounding
development. The color of new structure should not make it stand
out.

(16) Where building sites limit planting, the placement of trees in
parking lots or paved areas is encourage.

If an action is proposed to take place outside of the areas covered by this policy,
and is either within the Village of Youngstown or adjacent coastal communities, the
agency proposing the action must first determine if it is feasible to take the action
within the area covered by this policy. If such an action is feasible, the agency
should give strong consideration to taking the action in that area. If not feasible,
the agency must take the appropriate steps to ensure that the action does not
cause deterioration of that area covered by this policy.

See also policies 2, 19, 20, 21.

POLICY 2 FACILITATE THE SITING OF WATER-DEPENDENT USES AND
FACILITIES ON OR ADJACENT TO COASTAL WATERS.

POLICY 2A MAINTAIN THE MIX OF WATER-DEPENDENT COMMERCIAL AND
RECREATIONAL USES IN THE WATER STREET/FERRY STREET
AREA.

111-5

POLICY 2B PROMOTE WATER-ENHANCED USES ON THE WEST SIDE OF
MAIN STREET ON TOP OF THE BLUFF GENERALLY BETWEEN
HINMAN AND WILLIAM STREET.

Explanation of Policy

There is no waterfront space available for development in the Village immediately
adjacent to the River. The upland area on the west side of Main Street, between
Hinman Street and William Street, includes small vacant parcels and some developed
land which could, in the future, be subject to reuse pressure.

The Village shall continue to accommodate and give priority to those water-
dependent uses such as marinas, yacht clubs, boat storage, public parks and boat
launches located in the Water Street/Ferry Street area. The two Coast Guard
approved anchorage areas in the Niagara River are important contributions to the
waterfront ambience of the ccmrrunilql-y. They should be continued as they provide
huportant moorings for residents and transient boaters. The general limits of the
anchorage areas should not extend beyond those currently defined by the Coast
Guard. This will insure that congestion does not occur and sound navigational
safety is maintained.

The traditional method of land allocation (i.e. the real estate market), with or
without local land-use controls, offers little assurance that uses which require
waterfront sites will, in fact, have access to the Niagara River. To ensure that
such "water-dependent" uses can continue to be accommodated within the Village,
Federal, State and village agencies will avoid undertaking, funding or approving
non -water- dependent uses when such uses would preempt an existing water-
dependent use; furthermore, Federal and State agencies and the Village will
utilize appropriate existing programs to maintain existing water-dependent
activities.

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

1. Recreational activities which depend on access to the Niagara River (for
example: fishing, boating, viewing of water activities).

2. structures needed for recreational navigation purposes.

3. Flood and erosion protection structures (for example: bulkheads).

4. Facilities needed to store and service boats (for example: marinas, boat
repair, yacht clubs).

5. Scientific /educational activities which, by their nature, require access to
coastal waters.

6. support facilities which are necessary for the successful functioning of
permitted water-dependent uses (e.g. parking lots, snack bars, first aid
stations). Although these uses must be near the given water-dependent
use, they should, as much as possible, be sited inland from the water-
dependent use rather than on the shore.

111-6

Water-dependent uses shall comply with specific design standards. These. include
the following:

1. Structures shall not exceed thirty (30) feet.

2. signs shall be governed by those standards listed under Policy 1.

3. Wherever possible, landscaping such as shrubs, fences, or hedges shall
be used to screen parking areas, outdoor storage sites, loading/ unloading
areas from public streets, parkland, and the Niagara River. Where fences
are used, they must not exceed a maximum of four (4) feet in height and
consist of stone, iron, or wood materials.

4. Lighting shall not unreasonably interfere with the use of neighboring
premises.

5. Fuel storage facilities at marinas, boatyards, and yacht clubs shall be
adequately containerized to prevent spillage, leakage, or damage from
adverse weather conditions.

6. New development shall be consistent with the maritime theme of the area,
recognize the vehicle/parking limitations of Water Street, and :espect the
scenic nature of the area by not blocking views from waterfront Park, or
the top of the bluff at Constitution Park.

7. Newly installed utilities and service revisions necessitated by exterior
alterations shall be underground.

In addition to water-dependent uses, uses which are enhanced by a waterfront
location should be encouraged to locate on the upland portion of the Village
waterfront on the west side of Main Street between Hinman and William Streets.
A water-enhanced use is defined as a use that has no critical dependence on a
waterfront location, but the profitability of the use and/or the enjoyment level of
the uses would be increased significantly if these were adjacent to, or had visual
access to, the waterfront. A restaurant view is an example of a water-enhanced
use, as well as small specialty shops or galleries which create views for public
enjoyment within their retail areas.

If there is no immediate demand for a water-dependent use along the Niagara River
but a future demand is reasonably foreseeable, temporary non -water -dependent
uses should be considered which involves an irreversible, or nearly irreversible
commitment of land. Passive recreational facilities, outdoor storage areas, (Note:
This does not include boat storage), and non-permanent structures are uses of
facilities which would likely be considered as "temporary" non-water dependent
uses.

The following use and design standards for water-enhanced uses shall' be complied
with for activities having frontage on the west side of Main Street.

1. See paragraphs h(l) and h(3-15) under ]policy 1 explanation.

Specific water-dependent and water-enhanced uses to be accommodated within the
Village's waterfront area are described in Section IV, Proposed Uses. New water-
dependent and water-enhanced uses to be developed within the Village's waterfront

M-7

area are to be sited and designed, so that they enhance, or at least do not detract
from the surrounding area. Consideration should be given to such factors as the
protection of nearby residential areas from odors, noise and traffic. Affirmative
approaches should be employed, so that water dependent uses and adjacent uses
will complement one another. Water dependent and water enhanced uses must also
be sited, developed and operated so as to avoid adverse impacts on water quality,
shoreline bluffs and any other significant coastal resource.
See Policy 1, 11A, 1-2, 19, 20, 21, and 25.

POLICY 3 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
OF MAJOR PORTS IS NOT APPLICABLE TO THE VILLAGE OF
YOUNGSTOWN

POLICY 4 THE STATE COASTAL POLICY REGARDING THE
STRENGTHENING OF SMALL HARBORS IS NOT APPLICABLE
TO THE VILLAGE OF YOUNGSTOWN.

POLICY 5 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 OR
OTHER CHARACTERISTICS WHICH NECESSITATES ITS
LOCATION IN OTHER COASTAL AREAS.

Explan tion uf Policy

The purpose of this policy is intended to:

strengthen existing residential, industrial and commercial centers;

foster an orderly pattern of growth where outward expansion is
occurring;

increase the productivity of existing public services and moderate
the need to provide new public services in outlying areas;

preserve open space; and

where desireable, foster energy conservation by encouraging
proximity between home, work, and leisure activities.

Development in the Village is generally concentrated west of Third Street. Utility
systems extend to outlying subdivisions, but do not provide immediate access to
vacant interior parcels. Although the distribution lines will require some short
extensions, the capacity of existing sewer and road systems are adequate to handle
future development anticipated within the Village. However, certain improvements
to the storm drainage and water systems will be necessary to accommodate existing
and proposed uses.

The following areas will require water and sewer extension off main trunk lines
in order to accommodate development.

(a) Seven acre site between Brookshier and Lockport Road - approximately 600
feet from Third street.

111-8

(b) Ten acre parcel located adjacent to Youngstown Village Square Apartments.
A maintained retention pond will likely be required in this area to control
storm water flows.

(d) Vacant interior parcels between Oak and Church Streets, east of Third
Street. This area will also need storm sewers with restricted outflows to
detain water from its eastward and northward flows.

(e) Vacant interior parcels between Church Street and the Village Boundary.

All of the above parcels are identified as having high or medium development
potential on Figure 11 as contained in Section II.

Further details on drainage improvements are contained in Policies 33 and 37.

In addition, the Water Street/Ferry Street area has limited utility access due to
topographic conditions. other public services have difficulty serving the area due
to the road grade as well. Therefore, any new development must recognize the
restrictions in their design and where necessary compensate the Village for any
extra public costs incurred due to the development location. Reference should be
made to Policy 12 for additional guidelines concerning development in this area.

Guidelines for assessing infrastructure adequacy as pertains to any new
development within the village include the following:

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

b. Development's water needs (consumptive and fire fighting) can be met by
the existing water supply system.

c . Sewage disposal system can accommodate the wastes generated by the
development; septic systems will be prohibited.

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

e. Stormwater runoff from the proposed site can be accommodated by pn-site
facilities.

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

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

Explanation of Policy

The confusion, time delay, and costs associated with the issuance of permits
required from all government levels prior to approval of waterfront development

111-9

is not conducive to attracting public or private investment along the shoreline.

The Village of Youngstown will utilize existing laws to ensure compliance with the
Village LWRP and, for any new regulations, will coordinate and combine review
periods, as well as public hearing requirements to the maximum extent possible.

For specific types of development activities and in areas suitable for such
development, local, State and Federal agencies will make every effort to coordinate
and synchronize existing permit procedures and regulatory programs, as long as
the integrity of the regulations, objectives are not jeopardized. These procedures
and programs will be coordinated within each agency. Also, efforts will be made
to ensure that each agency's procedures and programs are synchronized with the
procedures of other agencies at each level of government. Finally, regulatory
programs and procedures will be coordinated and synchronized between levels of
government, and if necessary, lpgislative and/or programmatic changes will be
rpcommended.

when proposing new regulations, an agency will determine the feasibility of
incorporating the regul 'ations within existing procedures, if this reduces the
burden for facilitating a particular type of development and will not jeopardize
the integrity of regulatory objectives.

FISHING AND WILDLIFE POLICIES

POLICY 7 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS IS
NOT APPLICABLE To THE VILLAGE OF YOUNGSTOWN.

POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL
AREA FROM THE INTRODUCTION OF HAZARDOUS WASTE AND
OTHER POLLUTANTS WHICH BIO-ACCUMULATE IN THE FOOD
CHAIN OR WHICH CAUSE SIGNIFICANT SUBLETHAL OR
LETHAL EFFECTS ON THOSE RESOURCES.

Explanation of Policy

Hazardous wastes are unwanted by-products of manufacturing processes and are
generally characterized as being flammable, corrosive, reactive, or toxic. More
specifically, hazardous waste is defined in Environmental Conservation Law SS
27-0901.3 as follows:

Hazardous waste means a waste or combination 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 or an increase
in serious irreversible, or incapacitating reversible illness; or

b. Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed or
otherwise managed.
A list of hazardous wastes (6 NYCRR Part 371) has been adopted by the NYS DEC.
The handling (storage, transport, treatment and disposal) of the materials
included on this list is being strictly regulated in New York State t'o prevent their
entry or introduction into the environment, particularly into the Village's air, land

III-10

and waters. Such controls should effectively minimize possible contamination of
and bio-accumulation in the Village's coastal tish and wildlife resources at levels
that cause mortality or create physiological and behavi.oral disorders.

Other pollutants are those conventional wastes, generated from point and non-
point sources, and not identified as hazardous wastes, but controlled thrcugh
other State laws.

POLICY 9 EXPAND RECREATIONAL USE OF FISH AND WILDLIFE
RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO
EXISTING RESOURCES, SUPPLEMENTING EXISTING STOCKS
AND DEVELOPING NEW RESOURCES. SUCH EFFORTS SHALL
BE MADE IN A MANNER WHICH ENSURES THE PROTECTION OF
RENEWABLE FISH AND WILDLIFE RESOURCES AND CONSIDERS
OTHER ACTIVITIES DEPENDENT ON THEM.

Ex-planation of Policy

The recreational value of the Lower Niagara River, which has a good concentration
of fish resources, is of extreme importance to Village residents. The River is a
high quality fishing spot in close proximity to the Village center and the older
residential area. These factors reflect the unique opportunity to provide ancillary
support facilities in the Water Street/Ferry Street and Main Street areas.

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

There are also non-consumptive uses of fish and wildlife resources which can be
enjoyed. These include nature study, photography, and bird watching.

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

1. Consideration should be made by Federal and State agencies and the Village
of Youngstown as to whether an action will impede existing or future
utilization of the Village's recreational fish resources within the Niagara
River and adjacent to the Village boundaries.

2. Efforts to increase access to recreational fish resources should not lead to
overutilization of that resource.

3. The impacts of increasing access to recreational fish resources should be
determined on a case-by-case basis, by conferring, as needed, with a
trained fish and wildlife biologist.
4. Any public or private sector initiatives @o supplement existing stocks (e.g.
stocking the River with fish reared in a hatchery) must be dcne in accord
with existing State law.

Reference should be made to Policies 19, 20, and 21.

POLICY 10 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
OF COMMERCIAL FISHING IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

POLICY 11 BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE
COASTAL AREA SO AS TO MININaZE DAMAGE TO PROPERTY
AND THE ENDANGERING OF HUMAN LIVES CAUSED BY
FLOODING AND EROSION.

POLICY 11A BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN
THOSE AREAS 'DESIGNATED AS SPECIAL FLOOD HAZARD
AREAS SO AS TO MINIMZE DAMAGE TO PROPERTY AND THE
ENDANGERING OF HUMAN LIVES CAUSED BY FLOODING.

Explanation of Policy

The following public purposes are advanced by the successful implementation of
this policy:

1. Protect human life and health.

2. Minimize expenditures of public money for costly flood control projects.

3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.

4. Minimize prolonged business interruptions.

5. Minimize damage to public facilities and utilities, such as water and gas
mains, electric, telephone and sewer lines, streets and bridges, located in
areas of special flood hazard.

6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood
blight areas.

7. Ensure that potential buyers are notified that property is in an area of
special flood hazard.

8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.

This policy applies to special flood hazard areas identified by the Federal
Emergency Management Agency.

Guidelines for reviewing proposed actions for consistency with this policy include
the following:

1. Restrict or prohibit uses which are dangerous to health, safety and property
to water or erosion hazards or which result in damaging increases in erosion
or in flood heights or velocities.

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2. Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damRge at the time of initial construction.

3. Ensure that any alteration of natural floodplains, streanL channels and
natural protective barriers which would help accommodate or channel flood
waters is properly controlled.

4. Ensure that any filling, grading, dredging and other development which
may increase flood damage is properly controlled.

5. Prevent the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.

6. Require an assessment of the range of river levels for those proposing to
construct structures in the program area.

When human lives may be endangered by major waterfront storms, all necessary
emergency preparedness measures shall be taken, including disaster preparedness
planning.

POLICY 12 ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL
BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL
RESOURCES AND PROPERTY FROM FLOODING AN D EROSION
BY PROTECTING NATURAL PROTECTIVE FEATURES
INCLUDING BLUFFS.

ExPlanation-of Why Policy is Not Applicable

This State policy is not applicable to the Village of Youngstown because the New
York State Department of Environmental Conservation has not identified any
coastal erosion hazard areas within the Village.

POLICY 12A PROTECT THE BLUFFS ALONG THE NIAGARA RIVER FROM
EXCESSIVE DEVELOPMENT THAT WOULD COMPROMISE THEIR
NATURAL CAPACITIES, OVERBURDEN PUBLIC SERVICE
CAPACITIES WITHIN THE WATER STREET/FERRY STREET
AREA, AND NEGATIVELY IMPACT VIEWS SEEN FROM THE TOP
OF THE BLUFF TO THE RIVER AND FROM THE RIVER TO THE
VILLAGE ITSELF.

Explanation of Policy

The steep slopes east of Water Street and along the Niagara River help safeguard
coastal lands and property from damage, as well as reduce the danger to human
life, resulting from flooding and erosion. Excavation of coastal features,
improperly designed structures, inadequate site planning, or other similar actions
which fail to recognize their fragile nature and high protective values, lead to the
weakening or destruction of these landforms. Activities or development in, or in
proximity to, the bluffs must ensure that all such adverse effects are minimizpd.

This policy shall apply to the bluff areas beginning at the Village's south corporate
limit west of Main street and extending north to the north boundary of the R-15
zoning district, south of the Villa Apartments.

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The following guidelines shall be used in determining the consistency of proposed
actions with this policy. In general, any activity or development in, or in
proximity to, the bluffs that may be permitted under the following guidelines must
be consistent with other applicable policies of the LWRP and must prevent, if
possible, or minimize any adverse effects on the bluffs and their protective
functions and values.

1. BLUFF: The waterward limit of a bluff is its intersection with a land area
having a slope of 6% or less. where no such land area exists the waterward
limit is mean low water. The landward limit of the bluff is 10 feet east of the
bluffs receding edge, with the exception of the portion of the bluff between
the south and north intersections of Water Street and Main Street. In these
sections, the landward limit shall be the bluff Is receding edge.

2. The only activities allowed on the bluff are those listed below:

a. Movable structures. Movable structures as defined by the adopted
Village of Youngstown Zoning ordinance on file in the Village Clerk's
office may be constructed or placed within the bluff only if no
permanent foundation is attached to the movable structure.

b Bluff cuts for the provision of shoreline access, where:

0 the cut is made in a direction perpendicular to the shoreline.

0 ramp slope of the bluff cut does not exceed 1: 6.

0 side slopes and other disturbed non-roadway areas are stabilized
with vegetation or other approved physical means.

0 completed roadways are stabilized and drainage provided for.

c New construction modification or restoration of walkways, stairways,
and small sheds used to store boating supplies not to exceed 75 square
feet in gross floor area.

d . Erosion control structures such as rip rap, groins, and shorewaH
protection structures.

e. Utility lines and pump stations.

3. standards for activities within the bluff are as follows:

a. Activities shall minimize grading and cut and fill operations, ensure
conformity with natural topography, and retain natural vegetation
and trees to the maximum extent practicable in order to create the
least erosion potential and handle adequately the volume and rate of
velocity of surface run-off.

b. Disturbed soils shall be stabilized and revegetated or seeded as soon
as practicable following construction.

C. In no case shall stormwater be diverted to another property either
during site preparation or after development.

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d. Trails and walking paths shall be sited and constructed so they are
not a source of sediment.

e. Erosion protection structures shall be constructed to minimize
downstream impacts and shall not increase offsite flooding or erosion.

f. Activities shall be sited in such a manner so as not to block existing
views off Main Street.

9. Activities shall be sited in an unobtrusive manner in terms of
scale, height, colors and location so as to blend in with the natural
landscape and maintain the existing views of the bluff as seen from
the Niagara River.

POLICY 13 THE STATE COASTAL POLICY REGARDING THE
CONSTRUCTION AND RECONSTRUCTION OF EROSION
PROTECTION STRUCTURES IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

POLICY 14 ACTIVITIES AND DEVELOPMENT, INCLUDING THE
CONSTRUCTION OR RECONSTRUCTION OF EROSION
PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO
THAT THERE WILL BE NO MEASURABLE INCREASE IN EROSION
OR FLOODING AT THE SITE OF SUCH ACTIVITIES OR
DEVELOPMENT, OR AT OTHER LOCATIONS.

POLICY 14A DEVELOPMENT WITHIN THE BLUFF AREA INCLUDING THE
CONSTRUCTION OR RECONSTRUCTION OF EROSION
PROTECTION STRUCTURES SHALL BE UNDERTAKEN SO THAT
THERE WILL BE NO MEASURABLE INCREASE IN EROSION AT
THE SITE OF SUCH ACTIVITIES OR DEVELOPMENT, OR AT
OTHER LOCATIONS.

Explan5ltion of Policy

Erosion is a process which occurs naturally. However, by their actions, people
can increase the severity and adverse effects of this process, causing damage to,
or loss of property, and endangering human lives. Those actions include: the
failure to observe proper drainage or land restoration practices, thereby causing
run-off and the erosion and weakening of bluff areas.

See guidelines for Policy 12A.

POLICY 15 THE STATE COASTAL POLICY REGARDING MINING,
EXCAVATION AND DREDGING IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION
PROTECTIVE STRUCTURES WHERE NECESSARY TO PROTECT
HUMAN LIFE, AND NEW DEVELOPMENT WHICH REQUIRES A
LOCATION WITHIN OR ADJACENT TO AN EROSION HAZARD
AREA TO BE ABLE TO FUNCTION, OR EXISTING
DEVELOPMENT; AND ONLY WHERE THE PUBLIC BENEFITS

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OUTWEIGH THE LONG-TERM MONETARY AND OTHER COSTS
INCLUDING THE POTENTIAL FOR INCREASING EROSION AND
ADVERSE EFFECTS ON NATURAL PROTECTIVE FEATURES.

Explanation of Polic

Public funds can be used for a variety of purposes on the Village's shoreline.
This policy recognizes the public need for the protection of human life and existing
development or new development which requires a location in proximity to the
coastal area, recognizes the adverse impacts of such activities and development on
the rate of e3.osion and requires that careful analysis be made of such benefits and
long-term costs prior to expending public funds. See Policy 12A.

POLICY 17 WHENEVER POSSIBLE, USE NON-STRUCTURAL MEASURES TO
MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY
FROM FLOODING AND EROSION. SUCH MEASURE SHALL
INCLUDE; (i)THE SET BACK OF BUILDINGS AND
STRUCTURES; (ii) THE PLANTING OF VEGETATION AND
THE INSTALLATION OF SAND FENC ING AND DRAINAGE; (iii)
THE RESHAPING OF BLUFFS; AND (iv) THE FLOOD-
PROOFING OF BUILDINGS OR THEIR ELEVATION ABOVE THE
BASE FLOOD LEVEL.

POLICY 17A THE VILLAGE SHALL USE-NON-STRUCTURAL MEASURES TO
PROTECT THE BLUFF AREA AS A NATURAL PROTECTIVE
FEATURE WHICH PROTECTS THE UPLAND AREA FROM
FLOODING AND EROSION.

Explanation of Policy

T'his policy recognizes both the potential adverse impacts of flooding and erosion
upon development in the waterfront area, as well as the costs of protection against
those hazards which structural measures entail.

This policy shall apply to the planning, siting and design of proposed activities
and development located on bluff areas as defined in Policy 12A.

Non-structural measures shall include, but are not limited to, those design
guidelines noted for Policy 12A.

POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND
ENVIRONMENTAL INTERESTS OF THE STATE AND OF ITS
CITIZENS, PROPOSED MAJOR ACTIONS IN THE COASTAL
AREA MUST GIVE FULL CONSIDERATION TO THOSE
INTERESTS, AND To THE SAFEGUARDS WHICH THE STATE
HAS ESTABLISHED TO PROTECT VALUABLE COASTAL
RESOURCE AREAS.

Explanation of Policv

Proposed major actions may be undertaken in the coastal area if they will not
significantly impair valuable coastal waters and resources, thus frustrating the
purposes of safeguards which the State has established to protect those waters is
and resources. Proposed actions must take into account the social, economic and

111-16

environmental interests of the State and its citizens in such matters that would
affect natural resources, water levels and flows, sho.-eline damage, hydro-electric
power generation and recreation.

PUBLIC ACCESS POLICIES

POLICY 19 PROTECT, MAINTAIN AND INCREASE THE LEVEL AND TYPES
OF ACCESS TO PUBLIC WATER-RELATED RECREATION
RESOURCES AND FACILITIES SO THAT THESE RESOURCES
AND FACILITIES MAY BE FULLY UTILIZED BY ALL OF THE
PUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATED
PUBLIC RECREATION NEEDS AND THE PROTECTION OF
HISTORIC AND NATURAL RESOURCES. IN PROVIDING SUCH
ACCESS, PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES,
BOATING FACILITIES, FISHING AREAS AND WATERFRONT
PARKS.

POLICY 19A PROTECT, MAINTAIN AND INCREASE THE LEVEL AND TYPES
OF ACCESS TO THE VILLAGE WATERFRONT PARK AND
CONSTITUTION PARK.

POLICY 19B THE VILLAGE SHALL PROVIDE OFF STREET PARKING EAST
OF MAIN STREET TO HANDLE DEMAND FROM CONSTITUTION
PARK AND WORK WITH THE YACHT CLUB IN IDENTIFYING
NEW PARKING AREAS EAST OF MAIN STREET ONCE THE
EXISTING SPACES ARE ELIMINATED ON THEIR PROPERTY.

POLICY 19C THE VILLAGE SHALL PROVIDE ACCESS STAIRS FROM THE TOP
OF THE BLUFF LOCATED WEST OF HINMAN STREET TO THE
WATER STREET AREA.

POLICY 19D THE VILLAGE SHALL PROVIDE STAIRWAY ACCESS FROM THE
TOP OF THE BLUFF AT CONSTITUTION PARK TO THE PARK'S
WATERSIDE AREA.

POLICY 19E THE VILLAGE SHALL WORK WITH NIAGARA COUNTY IN
PROVIDING PAVEMENT MARKINGS ACROSS MAIN STREET
BETWEEN FALKNER AND CONSTITUTION PARKS.

Ex,planation of Policy

Existing public water related recreation resources and facilities within the Village
of Youngstown include Waterfront Park and Constitution Park. it is essential that
public access to these facilities be maintained and that pedestrian access be
improved to both facilities.

In addition, the Youngstown Yacht club has prepared a redevelopment plan for
their property. It proposes eliminating the parking spaces north of the clubhouse
and south of Constitution Park.

In order to avoid congestion within the Village Center area once the redevelopment
plan is implemented, the Village will work with Yacht Club officials to identify

111-17

alternative parking areas. This might include jitney service to outlying private
lots, leasing of private lots, or construction of a new municipal lot.

The following standards shall be applied to any new parking lots having frontage
on Main Street:

1. Views of the parking lot off Main Street shall be properly screened through
vegetation, stone, wood, wrought iron fencing or berms.

2. Parking lots shall not exceed 3500 square feet in uninterrupted area.
Landscaping shall be provided to break up the lot in any lots exceeding
3500 square feet.

3. Directional signage to the waterfront and, in particular waterfront parks,
shall be provided within any public parking area west of Third Street.

4. All parking areas shall be paved with an asphaltic or concrete surface and
properly drained.

The following guidelines will be used in determining the consistency of a proposed
action with Policy 19.

L The existing access from Water Street to Waterfront Park and Main Street
to Constitution Park shall not be reduced, nor shall the possibility of
increasing access in the future from adjacent or proximate public streets
to the two shoreline parks be eliminated, unless in the latter case, estimates
of future use of these resources and facilities are too low to justify
maintaining or providing increased public access, or unless such actions are
found to be necessary or beneficial by the public body having jurisdiction
over such access as the result of a reasonable justification of the need to
meet systematic objectives.

2. The existing access to Constitution Park off water Street shall be formalized
through an easement or similar arrangement between the Village and private
property interests having title to the unimproved road.

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

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

b. Public lands or facilities - lands or facilities held by State or Village
in fee-simple or less -than-fee- simple ownership and to which the
public has access or could have access.

Reduction in the existing level of public access includes, but is not limited to, the
following:

(1) The number of parking spaces at the two shoreline parks is
significantly reduced.

(2) Pedestrian access is diminished or eliminated because of hazardous
crossings required at new or altered transportation facilities, electric

III-is

power transmission lines, or simi)ar linear facilities. An example is
difficult pedestrian crossings to waterfront parks across Main Stxeet.

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

(1) Construction of public facilities (e.g. Major improvements to Main
Street), which physically prevent the provision, except at great
expense, of convenient public access to shoreline parks. This would
include leasing the waterside area of Constitution Park, once
developed, for the private boats.

(2) Construction of private facilities on the bluff opposite Hinman Street;
or on the unimproved road leading to Constitution Park off Water
Street physically prevents the provision of convenient public access
to shoreline parks from Water Street and Main Street.

2. Any proposed project to increase public access to the shoreline parks shall
be analyzed according to the following factors:

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

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

3. The State will not undertake or fund any project which increases access to
n)7,
the shoreline parks if they are not opei. to all members of the public.

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

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

Explanation of Policy

Publicly-owned lands within the Village of Youngstown that are adjacent to the
water's edge include Waterfront Park and Constitution Park. These lands, are
devoted to public recreation uses and provide existing access to public lands and

111-19

waters. Lands lying under the waters of the Niagara River are owned by New
York State. 40

Guidelines for reviewing any action for consistency with this policy are as follows:

1. See guideline #1,'?'-,3 and 4 under Policy 19.

2. The existing level of public access within Waterfront Park and Constitution
Park to the River shall not be reduced or eliminated.

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

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

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

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

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

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

RECREATION POLICIES

POLICY 21 WATER-DEPENDENT AND WATER-ENHANCED RECREATION
WILL BE ENCOURAGED AND FACILITATED, AND WILL BE
GIVEN PRIORITY OVER NON-WATER-RELATED USES ALONG
THE COAST, PROVIDED IT IS CONSISTENT WITH THE
PRESERVATION AND ENHANCEMENT OF OTHER COASTAL
RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH
FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY
SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE
RECREATION OPPORTUNITIES OF THE COAST CAN BE
PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTATION
SERVICES AND TO THOSE AREAS WHERE THE USE OF THE

111-20

SHORE IS SEVERELY RESTRICTED BY EXISTING
DEVELOPMENT.

POLICY 21A WATER-DEPENDENT AND WATER-ENHANCED RECREATION
WILL BE GIVEN PRIORITY OVER NON-WATER RELATED USES
IN THE WATER STREET/FERRY STREET AREA.

POLICY 21B NEWWATER-DEPENDENT ANDWATER-ENHANCED RECREATION
USES WILL BE PROVIDED AT CONSTITUTION PARK AND
APPROPRIATE VILLAGE STREET ENDS WEST OF MAIN STREET,
AND WATERFRONT PARK.

Explanation of Policy

Consistent with demand and the protection of Niagara River water quality, and
bluff formations, water-related (i.e. water-dependent and water-enhanced)
recreation uses shall have a higher priority than any non-water-related uses,
including non-water-related recreation uses in the Water Street/Ferry Street area.
In addition, water-dependent recreation uses shall have a higher priority than
water-enhanced uses, including water-enhanced recreation uses. Determining a
priority among water-dependent recreation uses and other water-dependent uses
will require a case-by-case analysis.

Water-related recreation includes common, water-dependent activities such as
boating, fishing, as well as certain activities which are enhanced by a location
adjacent to the Niagara River.

Water-enhanced recreation activities include picnic areas, scenic overlooks, and
passive recreation that takes advantage of waterfront scenery.

Such uses shall be provided as long as the development is:

1 Consistent with the preservation of water quality and bluff formations.
2. In response to a demand for such facilities.

These uses shall have a higher priority for maintenance and capital budgeting
than non-water -dependent uses in Waterfront Park and Constitution Park. They
will also have higher priority over water-enhanced recreation uses. Determining
priority among water-dependent uses (e. g. boat launch improvements at Waterfront
Park and dock improvements at Waterfront Park) will require a case-by-case
analysis.

The siting or design of new public development in a manner which would result
in a barrier to the recreational use of the Water Street/Ferry Street area should
be avoided as much as practicable.

Among the types of water-dependent recreation facilities, provision of adequate
boating services to meet future demand is to be encouraged by the Village's
program. The siting of boating facilities along the Niagara River must not be
detrimental to the areas water quality.

Additional public water-dependent and water-enhanced recreation shall be provided
at the base of the bluff within Constitution Park, at the Niagara Street end west
of main Street, and at waterfront Park.

111-21

In the design and development of Constitution Park, the Village shall incorporate
the development guidelines listed in section IV.

See Policies 2 and 12.

POLICY 22 THE STATE COASTAL POLICY REGARDING THE PROVISION
OF WATER-RELATED RECREATION, AS A MULTIPLE USE,
FOR DEVELOPMENT LOCATED ADJACENT TO THE SHORE IS
NOT APPLICABLE TO THE VILLAGE OF YOUNGSTOWN.

HISTORIC AND SCENIC RESOURCES POLICIES

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

POLICY 23A PROTECT ANY ARCHEOLOGICAL SITE WITHIN THE VILLAGE
THAT HAS SIGNIFICANCE TO NEW YORK STATE, VILLAGE OF
YOUNGSTOWN, OR THE NATION.

POLICY 23B ENHANCE AND PROTECT STRUCTURES AND SITES THAT ARE
OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE, OR
CULTURE OF THE VILLAGE.

Explanation of Policy

Among the most valuable of the State's and Village's man-made resources are those
of historic significance. The protection of these resources must involve a
recognition of their importance by all agencies. As described within the
'Environmental Condition' chapter of the Inventory and Analysis Section, identified
local historic resources within the Village include the following State roadside
markers; Salt Battery, Battle of LaBelle Family, and Fox Point Battery;
numerous structures and sites (See Figure 17)of local significance; and a zone of
archeological sensitivity.

The three State historic markers will be maintained in good repair, and their sites
enhanced through landscape maintenance and in the area of the Salt Battery,
enhance the marker by providing a scenic overlook at the end of Niagara Street
The latter is located immediately adjacent to the marker.

Prior to undertaking any Type I or unlisted action as defined in 6 NYCRR, Part
617 of Article 8 of the State Environmental Conservation Law in the Village, anyone
proposing such activity shall consult with the State Historic Preservation office
to determine whether significant archeological resources are present at the site and
what measures are necessary to pre-service or avoid these cultural resources. All
Practicable means shall be used to preserve significant archaeological resources.

In the event the New York State Department of Parks, Recreation and Historic
Preservation determines that all or some of those sites are of State or National
significance then, prior to undertaking any Type I or unlisted actions (as defined

111-22

by SEQR) which might affect these sites, adequate protective measures shall be
devised which would prevent or mitigate adverse impacts to those resources.

This policy shall not be construed to prevent the construction, reconstruction,
alteration, or demolition of any building, structure, earthwork, or component
thereof which has been officially certified as being imminently dangerous to life
or public health.

As Figure 17 indicates, the Village has a rich historical past which is reflected
in numerous structures and sites. In order to better determine the significance
of these facilities, the Village will work with the New York State office of Parks,
Recreation, and Historic Preservation. The Village will seek outside funds to
undertake a Historic Resources Survey and determine the feasibility of developing
a local preservation ordinance. This will be done in cooperation with NYSOPRHP.

See Policies 1 and 25.

POLICY 24 THE STATE COASTAL POLICY REGARDING SCENIC
RESOURCES OF STATEWIDE SIGNIFICANCE 1S NOT
APPLICABLE TO THE VILLAGE OF YOUNGSTOWN.

POLICY 25 PROTECT, RESTORE, OR ENHANCE NATURAL AND MANMADE
RESOURCES WHICH ARE NOT IDENTTFIED AS BEING OF
STATEWIDE SIGNIFICANCE, BUT WHICH CONTRIBUTE TO THE
OVERALL SCENIC QUALITY OF THE COASTAL AREA.

POLICY 25A PROTECT, RESTORE, OR ENHANCE SCENIC VISTAS AT
WATERFRONT PARK, CONSTITUTION PARK, VILLAGE STREET
ENDS WEST OF MAIN STREET, AND THE VISTAS ALONG MAIN
STREET FROM THE SOUTH CORPORATE LIMIT TO THE
VICINITY OF MARY'S LANE.

Explanation of Policy

The location of the Village adjacent to the Lower Niagara River requires a
commitment to ensure the visibility of the River to area residents. The River is
a public resource whose scenic quality must be preserved and utilized.

The harbor activity, sunsets, and vistas of Niagara- on- The- Lake, Ontario and
Fort Niagara State Park visible offshore from Youngstown have local significance.

The three vistas noted in Policy 25A can be described as follows:

1 Waterfront Park: Outstanding views of the lower Niagara River, including
the offshore anchorage areas and Canadian shoreline. Views are observed
at the shore line. Current detractions from this vista include a former
Customs building on the site which blocks views toward Niagara-On-Ths-
Lake, Ontario. The Village Will move the structure.

2. constitution Park: Panoramic views of the Youngstown Harbor, roft
George in Niagara- On - The- Lake, Ontario and tranquil lower Niagara River
as framed by steep embankments along the Canadian shoreline.

111-23

3. Villacre Street Ends West of Main Street: Panoramic views of Canadian
shoreline, Tower Niagara River, and boating activity. Views are currently
blocked due to dense foliage. The Niagara Street end view is currently
limited because of distance between road and bluff edge. This is a problem
since there is no public viewing access at the edge for pedestrians.

4. Vistas Along Main Street From the South Corporate Limit to Approximately
Mary's Lane: Panoramic views of the lower Niagara River as framed by steep
60 foot embankments along the Canadian shoreline. View reflects natural,
pristine character with little development intrusion.

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

I . Siting structures and other development such as power lines and signs,
back from the shoreline or in other inconspicuous locations to maintain the
attractive quality of the shoreline and to retain views to and from the shore.

2. Maintaining and selectively clearing vegetation at the Village Street ends
and Constitution Park to provide vista opportunities off Main Street.

3. Reinovina dangerous and unsafe elements.

4. The following standards shall be used to ensure that buildings, landscaping,
and other improvements are compatible with the scenic view off Waterfront
Park and the top of the bluff at Constitution Park.

a. Building heights within the Water Street/Ferry Street area shall be
limited to thirty (30) feet.

b . Billboards, ground signs, roof signs, projecting and single
standard signs are prohibited within the Water Street/Ferry Street
area.

c . Neon signs and any other signs displaying flashing or visible
moving elements are prohibited within the Water Street/Ferry Street
area.

d. Uses within the Water Street/Ferry Street area shall be limited to
docks, buoys, boat launches, lifts, bulkheads, flood and erosion
protection structures, public recreation, enclosed storage structures
and have a maximum height of 12 feet and 100 square feet or less oi
usable floor space.

Uses within the Water Street/Ferry Street area requiring a special
permit shall include marine service, private boat houses, yacht
clubs, marinas, boat storage buildings, and accessory facilities.

e. Views of parking lots and outdoor boat storage areas on adjacent lots
shall be properly screened with landscaping, wood or wrought iron
fencing, or berms. is

111-24

f. Within Constitution Park and Waterfront Park, public bodies shall
ensure that any future landscaping, arection of new signs, buildings,
or other structures thereon shall not significantly obstruct the scenic
views.

9. Any construction or land improvement within the Water Street/Ferry
Street area on the bluff next to constitution Park shall be done
in a manner which causes minimal obstruction to the scenic views.

5. The following standards shall be used to ensure that buildings, landscaping
and other improvements are compatible with the scenic views off the village
street ends west of Main Street and west of Main Street in the area between
the south corporate line and Mary's Lane.

a. construction on the bluff will be limited to stairways, erosion
protection structures, small storage sheds, walkways.

b. Public bodies shall ensure that any future landscaping, erection of
new signs, buildings, or other structures thereon shall not
significantly obstruct the scenic views.

6. The following standards shall be used to ensure that buildings, land-icaping,
and otherland improvements are compatible with the scenic views off the
Niagara Street end.

a. Public bodies shall ensure that any future landscaping, erection
of new signs, buildings, or other structures thereon shall not
significantly obstruct the scenic views.

b. Any construction or land improvement within adjacent lots on the
bluff next to the Niagara Street end shall be done in a manner which
causes minimal obstruction to the scenic view.

See Policies 1, 2, 19, 20, and 23.

AGRICULTURAL LANDS POLICY

POLICY 26 THE STATE COASTAL POLICY REGARDING THE
CONSERVATION OF AGRICULTURAL LANDS IS NOT
APPLICABLE TO THE VILLAGE OF YOUNGSTOWN.

POLICY 27 THE STATE COASTAL POLICY REGARDING THE SITING OF
MAJOR ENERGY FACILITIES IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

ENERGY AND ICE MANAGEMENT POLICY

POLICY 28 THE STATE COASTAL POLICY REGARDING ICE MANAGEMENT
PRACTICES IS NOT APPLICABLE TO THE VILLAGE OF
YOUNGSTOWN.

POLICY 29 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
OF ENERGY RESOURCES ON THE OUTER CONTINENTAL SHELF
IS NOT APPLICABLE TO THE VILLAGE OF YOUNCSTOWM.

111-25

WATER AND AIR RESOURCES POLICY

POLICY 30 MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE OF
POLLUTANTS INCLUDING, BUT NOT LIMITED TO, TOXIC AND
HAZARDOUS SUBSTANCES, INTO COASTAL WATERS WILL
CONFORM TO STATE AND NATIONAL WATER QUALITY
STANDARDS.

Explanation of Policy

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

POLICY 31 STATE COASTAL AREA POLICIES AND PURPOSES OF
APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAMS
WILL BE CONSIDERED WHILE REVIEWING COASTAL WATER
CLASSIFICATIONS AND WHILE MODIFYING WATER QUALITY
STANDARDS; HOWEVER, THOSE WATERS ALREADY
OVERBURDENED WITH CONTAMINANTS WILL BE RECOGNIZED
AS BEING A DEVELOPMENT CONSTRAINT.

Explanation of Policy

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

POLICY 32 THE STATE COASTAL POLICY REGARDING THE USE OF
ALTERNATIVE SANITARY WASTE SYSTEMS IS NOT
APPLICABLE TO THE VILLAGE OF YOUNGSTOWN.

POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE
THE CONTROL OF STORMWATER RUNOFF AND COMBINED
SEWER OVERFLOWS DRAINING INTO COASTAL WATERS.

POLICY 33A BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE
THE CONTROL OF STORMWATER RUNOFF DRAINING INTO THE
NIAGARA RIVER.

POLICY 33B DEVELOP A COMPREHENSIVE STORM DRAINAGE PLAN FOR
THE VILLAGE OF YOUNGSTOWN.

111-26

POLICY 33C MAINTAIN AND UPGRADE EXISTING DRAINAGE DITCHES IN
THE VILLAGE, PARTICULARLY ALONG THE ROBERT MOSES
PARKWAY, AND IN THE BONWYN AND CARROLLWOOD
NEIGHBORHOODS.

Explanation of Policy

Best management practices include both structural and non-structural methods of
preventing or mitigating pollution caused by the discharge of storm water runoff.
These include: a) structural methods of storm sewers along the waterfront to
discourage overland flow that could erode the steep slopes, and retention basins
as part of any new development north of Carrollwood and east of Elm Streets,
b) non-structural: pursue inflow and infiltration programs to prohibit storm
water flow into the wastewater sewer system and encourage natural percolation
in drainage ditches, landscaping, and other measures as alternatives to structural
methods. This is especially important in those areas noted in Policy 33.

The Village will also undertake a comprehensive storm drainage plan. This
recognizes the flat nature of Village land, current problems relative to standing
water, drainage ditch overflows, and storm drainage infiltration to the sewer
system. A plan will help evaluate solutions to those problems.

POLICY 34 DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS
FROM VESSELS WILL BE LIMITED SO AS TO PROTECT
SIGNIFICANT FISHAND WILDLIFE HAEITATS, RECREATIONAL
AREAS AND WATER SUPPLY AREAS.
0 POLICY 34A REQUIRE PUMP-OUT FACILITIES AT PUBLIC AND PRIVATE
MARINAS.

Explanation of Policy

The discharge of sewage, garbage, rubbish, and other solid and liquid materials
from watercraft and marinas into the State's waters is regulated. Specific effluent
standards for marine toilets have been promulgated by the Department of
Environmental Conservation (6 NYCRR, Part 657). To further discourage the
discharge of vessel waste materials into the marinas, Niagara River pump-out
facilities will be required at marinas.

POLICY 35 THE STATE COASTAL POLICY REGARDING DREDGING IS NOT
APPLICABLE TO THE VILLAGE OF YOUNGSTOWN.

POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF
PETROLEUM AND OTHER HAZARDOUS MATERIALS WILL BE
CONDUCTED IN A MANNER THAT WILL PREVENT OR AT
LEAST MINIMIZE SPILLS INTO COASTAL WATERS: ALL
PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE
THE CLEANUP OF SUCH DISCHARGES: AND RESTITUTION
FOR DAMAGES WILL BE REQUIRED WHEN THESE SPILLS
OCCUR.

111-27

Explanation of PQlicy

See Policy 39 for definition of hazardous materials. All activities within the Village
of Youngstown which are subject to this policy shall comply with all State and
Federal regulations.

POLICY 37 BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO
MINIMIZE THE NON-POINT DISCHARGE OF EXCESS
NUTRIENTS, ORGANICS, AND ERODED SOILS INTO COASTAL
WATERS.

ExplanatiQn of Policy

Best management practices used to reduce these sources of pollution include, but
are not limited to, drainage control techniques and street cleaning programs.
See the explanation to Policy 12, 17, and 33A.

New development along the Niagara River bluff could increase erosion unless
proper land use controls and construction standards are incorporated into final
design. The following standards shall apply to the bluff:

1. Any new construction with the exception of stairways, erosion control
structures, and small (75 square feet or less) storage sheds are prohibited
on the bluff, as defined by the Village Zoning ordinance, between the south
corporate limit and the southern intersection of Water Street and Main
Street.

2. In all areas of the bluff the following standards shall apply during
construct-ion:

a. Natural vegetation and topography shall be retained to the maximum
extent possible in order to stabilize soils, and reduce the volume of
stormwater flow.

b. Development shall consider the load bearing capacity of the soil.
Unless it can be demonstrated that the soils can be stabilized with a
minimum of on site disturbance and no adverse impacts to the stability
of neighboring properties, the development proposal shall not be
approved as submitted.

C. Development shall preserve salient natural features of a site,
minimizing grading and cut and fill operations, ensure conformity
with natural topography, and retain natural vegetation and trees to
the maximum extent practicable in order to create the least erosion
potential and handle adequately the volume and rate of velocity of
surface water runoff.

d. Natural drainage patterns shall be protected and incorporated into
site design.

e. Site preparation, including stripping of vegetative cover and grading,
shall be undertaken so that no individual building site is stripped of
its vegetation cover more than thirty (30) days prior to commencement
of construction.

111-28

f. Disturbed soils shall be stabilized and revegetated or seeded as soon
as practicable.

9. In no case shall stormwater be diverted to another property either
during site preparation or after development.

h. The amount and velocity of runoff from a site after development shall
approximate its pre-development characteristics.

POLICY 38 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF GROUND WATER SUPPLIES IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

POLICY 39 THE TRANSPORT, STORAGE, TREATMENT AND DISPOSAL OF
SOLID WASTES, PARTICULARLY HAZARDOUS WASTES, WITHIN
COASTAL AREAS WILL BE CONDUCTED IN SUCH A MANNER
SO AS TO PROTECT SURFACE WATER SUPPLY, RECREATION
AREAS, AND SCENIC RESOURCES.

POLICY 39A THE STORAGE, TREATMENT, AND DISPOSAL OF SOLID
WASTES, PARTICULARLY HAZARDOUS WASTES SHALL BE
PROHIBITED WITHIN THE VILLAGE.

POLICY 39B THE SHIPMENT OF HAZARDOUS WASTES THROUGH THE
VILLAGE SHALL BE PROHIBITED.

Explanation of Policy

The definition of terms "solid wastes" and "solid waste management facilities" are
taken from New York's Solid Waste Management Act (Environmental Conservation
Law, Article 27). Solid wastes include sludges from air or water pollution control
facilities, demolition and construction debris, and industrial and commercial
wastes. The term "hazardous waste" is defined under Policy 8. Hazardous wastes
include unwanted by-products of manufacturing processes generally characterized
as being flammable, corrosive, reactive, or toxic.

No storage, treatment, or disposal of solid wastes is permitted in the Village of
Youngstown waterfront area. Any transportation of solid wastes, with the
exception of hazardous wastes, in the waterfront must comply with State and
Federal regulations and ensure the protection of the Village's coastal resources.
Transportation of hazardous wastes is prohibited within the Village.

POLICY 40 EFFLUENT DISCHARGE FROM MAJOR STEAM ELECTRIC
GENERATING AND INDUSTRIAL FACILITIES INTO COASTAL
WATERS WILL NOT BE UNDULY INJURIOUS TO FISH AND
WILDLIFE AND SHALL CONFORM TO STATE WATER QUALITY
STANDARDS.

111-29

Explanation of why Policy is not Applicable

The Village's Local Waterfront Revitalization Program incorporates the air quality
policies and programs developed for the State by the Department of Environmental
Conservation pursuant to the Clean Air Act and State Laws on air quality. The
requirements of the Clean Air Act are the minimum air quality control requirements
applicable within the coastal area.

To the extent possible, the state Implementation Plan will be consistent with the
lands and water use policies of this LWRP. conversely, program decisions with
regard to land and water use and any recommendations with regard to specific
sites for major new or expanded industrial, energy, transportation, or commercial
facilities will reflect an assessment of their compliance with the air quality
requirements of the State Implementation Plan.

POLICY 41 LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL
NOT CUASE NATIONAL OR STATE AIR QUALITY STANDARDS
TO BE VIOLATED.

Explanation of Policy

The Village's Local Waterfront Revitalization Program incorporates the air quality
policies and programs developed for the State by the Department of Environmental
Conservation pursuant to the Clean Air Act and State Laws on air quality. The
requi7.ements of the Clean Air Act are the minimum air quality control requirements
applicable within the coastal area.

To the extent possible, the State Implementation Plan will be consistent with the
lands and water use policies of this LWRP. Conversely, program decisions with
regard to land and water use and any recommendations with regard to specific
sites for major new or expanded industrial, energy transportation, or commercial
facilities will reflect an assessment of their compliance with the air quality
requirements of the State Implementation Plan.

POLICY 42 COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED IF
THE STATE RECLASSIFIES, LAND AREA PURSUANT TO THE
PREVENTIONOF SIGNIFICANT DETERIORATION REGULATIONS
OF THE FEDERAL CLEAN AIR ACT.

Explanation of Policy

The policies of the State and the Village's Local Waterfront Revitalization Program
concerning proposed land and water uses will be taken into account prior to any
action to change prevention of significant deterioration land classifications in the
coastal area or adjacent area.

In addition, the Department of State will provide the Department of Environmental
Conservation with recommendations for proposed prevention of significant
deterioration and classification designations based upon State and local coastal
management programs.

111-30

POLICY 43 THE STATE COASTAL POLICY REGARDING THE GENERATION
OF ACID RAIN PRECURSORS IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

POLICY 44 THE STATE COASTAL POLICY REGARDING THE
PRESERVATION OF WETLANDS IS NOT APPLICABLE TO THE
VILLAGE OF YOUNGSTOWN.

111-31

SECTION IV
0 PROPOSED USES AND PROJECTS

A. INTRODUCTIO

The proposed land uses for the Village are intended to translate the policies
contained in Section III into a cohesive physical plan. The tilile period for
implementation is ten years (i.e. Year 2000); however, some of the proposals can
be carried out immediately.

It should be stressed. that the uses and projects have been developed as a means
of implementing the waterfront policies. The formulation of the proposed uses is
a result of a process that blends the policy statements with an evaluation of the
development constraints and potential of particular areas. Potentials and
constraints are determined by numerous factors, including environmental
considerations, phy sical barriers to development, adjacent land use patterns,
market demand, and available public financial assistance.

B. COMPREHENSIVE PLAN MODIFICATIO

The contents of this Section (Proposed Uses and Projects) and Section V
(Techniques for Local Implementation of the Program) represent the key
components of the new Master Plan for the Village through the Year 2000. The
proposed land uses illustrated in Figure 26, and the Implementation Blueprint
outlined in Figure 27 provide a sound road map for village developrvent and
enhancement over the next ten years. In essence, the entire LWRP represents a
master plan and, for the entire Village replaces the 1972 Plan as the official plan
for the Village of Youngstown.

Kj_. PROPOSED LAND USES AND PROJECTS

The following narrative provides a general description of proposed land uses for
the entire Village. As mentioned above,..given market conditions and the phasing
of public improvements, full achievement of the recommendations is not likely to
occur until the Year 2000. Reference should be made to Figure 25 for graphic
description of the short and long term proposals, and to Figure 26 for a
generalized comprehensive, land use plan for the Village.

For clarity, the land use narrative is divided between these areas: 1) Village
Center 2) Water Street/Ferry Street 3) North Shoreline 4) South Shoreline,
and 5) outlying Areas. These are graphically outlined on Figure 25A.

1. Villacre Center: The Village Center, which is bounded on the west by the
rear property lines of uses on the west side of Main Street, Hinman Street
on the south, Third Street to the east, and William Street to the north will
continue as the commercial and municipal center of the Village. Residential
uses are to be encouraged above commercial uses wherever appropriate.
High density housing should also continue at certain locations within the
Village Center. The proper mixing of residental and commercial uses can
create continuous activity within the area and reinforce it as the Village
Center.

Another important recommendation for this area is the encouragement of uses
which are enhanced by a waterfront location to 16cate on the west side of
Main street. This recognizes the limited commercial land which is available
for those types of uses that can better profit from a location close to the
water. In addition, since Main Street provides a direct vehicle and

IV-3

pedestrian link to Fort Niagara State Park, it is important that land be
available for retail uses which would benefit by the street traffic generated
by the Park. Although such traffic is currently limited, full implementation
of the LWRP would result in some modest increases in people using Main
Street.

The types of water-enhanced uses recommended for the area include
restaurants, fish and boat supply stores, specialty/boutique establishments,
residential or professional office uses located above the first floor, overnight
lodging accommodations, and water- enhanced recreation (e.g. passive
parks/rest areas).

A further goal of the Village's Local Water Revitalization Program is to
improve the physical appearance of the Village Center. Such improvements
in combination with other program recommendations relative to tourism
promotion (see Section V) will aid in attracting a modest increase in
commercial traffic. The Village should undertake a commercial building
facade improvement program and investigate the feasibility of a public
promenade along Main Street leading from Hinman Street all the way to the
Fort Niagard State Park entrance. This would include a coordinated system
of street planters, lighting fixtures, benches, trash receptacles, and
possibly sidewalk pavers. It would also include burying the overhead utility
poles along Main Street.

Although parking is not currently a major problem, except during peak
suminer weekends or major events sponsored by the Youngstown Yacht Club,
it is likely that demand for parking space will gradually increase. This will
be especially true if the Yacht Club eliminates their parking facility in the
Water Street/Ferry Street area. Any additional parking should be located
in the eastern areas of the Village Center. Locations where such parking
are appropriate include three existing private lots adjacent to the B-Kwik
Food Store, Marine Midland Bank and St. Bernard Catholic Church. These
lots contain over 100 spaces and are often vacant. Although the lots may
have to be leased, it is a sound alternative to building a new municipal lot.

The only land within the Village Center which could accommodate new public
parking is the vacant .50 acre parcel at the northeast corner of Main and
Hinman Streets. This parcel is much more valuable for future commercial
uses, especially if the demand for Village retail space experiences a modest
increase.

The .75 acre parcel occupied by the Department of Public Works adjacent to
Falkner Park could be utilized for 50-60 public parking spaces if the DPW
facilities were relocated to an outlying section of the Village. This would
permit the elimination of parking on parcels along main Street and provide
new parking space for Falkner Park, while opening on-street parking along
Main Street for Constitution Park.

Due to the high cost of relocating the DPW facilities, it should only be
pursued if the use of outlying lots proves unworkable.

It is also suggested that the Village explore the placement of ten parking
spaces along the south property line within Falkner Park. Such spaces
would serve both Constitution and Falkner Parks. It would require,

IV-4

however, relocating and/or eliminating some of th& playground eqUipMent in
order to accommodate the new use. Such new parking will be needed once
Constitution Park is fully developed and VWage residants begin seeking
parking spaces close to the gazebo area. The only alternative is parking
next to the bluff, adjacent to the gazebo. However, this would dominate the
small area currently available for public enjoyment and detract from the
scenic quality of the site. Figure 27 illustrates this concept.

A further land use proposal for the Village Center area pertains,to public
access. It is important to decrease pedestrian traffic walking along Water
Street to reach either the Waterfront Park or Yacht Club. In addition, the
lack of parking space off Water Street suggests that a public stairway,
utilizing and adjacent to the existing Village utility right-of-Way, is
appropriate. This would directly link Waterfront Park with the municipal
parking lot on Hinman Street and improve the Park's accessibility to Village
residents. In addition, should Yacht Club parking become more limited in
the Water Street/Ferry Street area, the stairway would service Yacht Club
patrons, boaters, and fishermen, as well. The Village has already obtailied
easement rights for such a stairway from the Yacht Club.

Finally, a public stairway would permit eliminating six parking spaces at
allowing their conversion (200 square feet) into pzrk land.
Waterfront Park

In order to better link Constitution Park with Falkner Park, consideration
was given to closing Main Street. for 200 feet (See Figure 28). This would
result in the physical linkage of the two parks but also create two cul-de-
sacs, require some property acquisition to allow properturn around space,
eliminate the improved vehicle linkage with Fort Niagara State Park promoted
by the promenade concept, and add a new 1,600 foot public right-of- way
to the Village street system. The Niagara County Department of Public
Works has indicated. that the County would likely require the Village to take
over the section of Main Street from the State Park to Falkner Park if the
above proposal were pursued.

Given the above negative impacts of such a proposal, it is not recommended
in the short term. It is suggested, however, that pavement markinas and
cautionary signs be placed on Main Street to better allow pedestrian
crossing. During major events when public use of the two parks is at a
peak, the Village should consider periodically cordoning off Main Street to
through traffic, which would help improve pedestrian flow. Should use of
Constitution Park be limited over the next few years, even after the land is
fully developed, the Village should consider alternative design schemes
which would link the two public areas.

2. Water Street/Ferry Street: The Water Street/Ferry Street area includes the
most active shoreline uses in the Village, as well as two public waterfront
parks.

Constitution Park, located at the north end of this area, represents a
primary opportunity for enhancing public access to the River edge and
opening a significant scenic vista. If the land is designed, sensitively, the
Park will serve as a Village landmark to non-residents in the same manner
that the Yacht Club currently does.

IV-5

The critical task facing the Village is to undergo a comprehensive urban
design process prioi to developing the waterside and upland areas. Issues
which must be addressed include:

0 The feasibility of terracing the slope to provide a series of viewing
points from the gazebo down to the waterside area.

0 Proper placement of pedestrian access (trail or stairway) from the
gazebo to the base of the bluff.

0 Access for the elderly, and disabled, as well as for emergency and
maintenance vehicles to the waterside area.

0 Provision of new parking in Falkner Park.

0 Reuse of the 'Low-level building in the waterside area to accommodate
restrooms and possibly serves as a local fishing museum. The latter
would exhibit historical information concerning the nature of the Lower
River fi.shery and possibly other material concerning the history of the
Vill-age as a waterfront community.

0 Utility connections.

0 Demolition of the residential structure at the lower section of the
bluff. This would only be done if the structure is deemed to have no
national or State historic significance. Should such significance be
revealed, then alternative means of preserving the structure will be
explored.

0 Proper placement of water- dependent recreation uses; such as
fishing access points, transient boat tie ups, and scenic viewing
areas.

The area immediately south of Constitution Park is in private ownership.
Certain overflow uses from the Yacht Club activities, such as parking and
boat storage, do occupy the parcel. Such uses should continue, but be laid
out in an attractive design to better transition the Park activities from the
more active uses occurring at the Yacht Club.

The area immediately south of the parcel mentioned in the previous
paragraph is owned by the Youngstown Yacht Club and has a concessionaire
agreement with RCR Yachts, Inc. It is primarily used for Yacht Club
parking, boat servicing and storage. During the winter months, the land
is used to store many,of the boats moored in the River during the summer
season. Limited vehicle access into the parking areas and Village land
should be maintained.

Proposed uses in this area include a gradual phasing out of some Yacht Club
parking spaces and a conversion to more water-dependent or enhanced
.recreation uses (e.g. picnic areas, pool within existing slip). The actual
type of recreation use is subject to the long term needs of the Yacht Club.

IV-6

The existing access off Water Street leeding to Constitution Park is narrow,
unimproved and creates safety problems for vahicles turning right off Water
Street onto the right-of-way. It is recommended that the existing road be
widened slightly to better accommodate two way traffic and emergency, as
well as maintenance vehicles which will need access to the public park. The
owner of the road should be encouraged to pave the road in order to provide
better driving conditions during wet weather and the winter season.
Discussions should occur with the Yacht Club to determine if an arrangement
could be made to improve the road and provide a stairway from the Hinman
Street parking lot to Water Street.

Cradle storage of boats is a by-product of a marine yard operation. RCR
Yachts is conscious of their poor appearance but, due to the high cost and
problem of locating a suitable off-site storage area, it is not cost effective
to move the wooden storage frames. The Village, through Constitution Park
design and implementation of the proposed Waterfront District Zoning
regulations, should promote the proper screening of this area from the
public viewing sites off Constitution Park and from the harbor itself.

The remaining land in the Water Street/Ferry Street area is proposed for
continued water-dependent recreation type uses with some supportive
commercial uses, as well. The latter includes small marine supply services,
Yacht Club restaurant, etc. The former U.S. Customs building at the
Village's Waterfront Park should be removed ii-i order to better utilize park
land. As mentioned in the Inventory and Analysis Section, the location of
the building effectively blocks 35% of usable park space. The building's
removal would permit installation of additional picnic tables, benches, etc.

3. North Shoreline: Proposed uses continue the existing residential pattern
with a mix of single family and multi-family housing.

The public promenade leading from the Village Center to the Fort
Niagara State Park entrance would continue through this area. Finally, the
Niagara Street end is located off Main Street and offers a good vista of the
harbor and Niagara-On- The- Lake, Ontario. It is recommended that the
Village -acquire the necessary property rights to this 7,000 square foot
parcel and provide public benches for viewing the Lower River area. In
addition, detailed historic plaques explaining the Salt Battery and its role
in the history of Youngstown could be placed more prominently within the
street end than the existing roadside marker.

4. South Shoreline: Propo ed land uses include a continuation of the existing
single fa,.uilV residential pattern with forest/brushland continuing along the
bluff and in the southeast section.

The Front, Elliott, and Campbell Street ends should remain vacant.
However, the Village should periodically trim and selectively cut the
vegetation growing up from the bluff to open the vistas for motorists and
pedestrians walking along Main Street.

5. Outlying Area: As was noted in the Inventory and Analysis Section, the
Village will experience minor population growth through the Year 1`12000. The
200 additional re Isidents will create a demand for approximately 86 new
housing units occupying about 20 acres.

IV-7

In order to accommodate new residential growth, the LWRP proposes that the
Village promote the conversion of certain vacant land parcels to single-
family residential and multi-family residential uses. This will permit a
proper aLixing of residential types which will be required given the declining
household size in the Village and the current trend toward smaller housing
units. The latter has been experienced throughout the region due to a
rising elderly population, single person households, etc.

The following summarizes those areas where new residential growth should
be channeled.

a. Multi-family housing is proposed for ten acres iii the north-central
area, off Lake Street and adjacent to the Youngstown Village Square
complex. This will concentrate new townhouse or garden apartment
development in this section. The area is well buffered from single
family neighborhoods due to the open fields on the north and east,
Fort Niagara State Park on the west, and the existing multi-family
development to the south.

b. Residential uses should be encouraged in the large', vacant parcels
located between Brookshier and Lockport Streets, Lockport and Oak
Streets, and Oak and Church Streets. These parcels total 44 acres.
The primary housing type proposed is single family residential with
some multi-family housing recommended north of Oak Street.

It should be noted that the proposed land use plan (see Figure 26)
results in changing 54 acres of fore st/brushland to a residential
category. This is 34 acres more than is currently projected as needed
within the Village to the Year 2000. In order to satisfy the housing
needs of the Village at reasonable prices, it is important to have an
excess supply of new residential areas identified within Village
planning documents. This insures that real estate prices do not
escalate, as they might if only a limited supply of land were available
to accommodate new housing construction. Thus, 54 acres of land
proposed for new residential growth is appropriate for Village
planning purposes.

Finally, the vacant parcels proposed for new residential growth are
located primarily in interior blocks. There development will promote
a policy of infill, and thereby avoid costly sprawl development in
outlying areas, creating a more concentrated Village Center, and
discouraging construction on these lands next to the Robert Moses
Parkway interchange with Lockport Street. The latter would
encourage residents to leave the Village for Lewiston whenever any
convenient shopping or other services are needed.

IV-8

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1. Constitution Park Improvements

2. Vehicle Access to Constitution Park

'3 3. Hinman St. Stairway

4. Main St. Promenade
18F 5. Niagara Street End Improvements

6. Village Center Facade Improvements

7. Parking Improvements

a. Yacht Club Redevelopment Plan

9. Waterfront Park improvements

N
4011age of Youngstown
Local Waterfront Revitalization Program
Figure 25: PROPOSED LAND USE PROJECTS 0

Planning Consultant: Thomas J. Dearing

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Local Waterfront Revitalization Prograrr
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Figure 25a: PLANNING AREAS b
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Planning Consultant: Thomas J. Dearing I t 1;

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Village of Youngstown
Local Waterfront Revitalization Program
Figure 26* PROPOSED LAND USES
Planning Consultant: Thomas %J. Dearing

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Local Waterfront Revitalization Program
Figure 27: FALKNER PARK OFF-STREET PARKING
Planning Consultant: Thomas J. Dearing 10@ L

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ALKNER PARK
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Village of Youngstown
Local Waterfront Revitalization Program
Figure 28.- PARK LINKAGE CONCEPT
Planning Consultant: Thomas J. Dearing

SECTION V

TECHNIQUES FOR LOCAL IMPLEMENTATION
4m OF THE PROGRAM

A. LOCAL LAWS AND REGULATIONS NECESSARY TO IMPLEMENT THE LWRP

The Village of Youngstown has several mechanisms to implenent the LWRP. The
following paragraphs describe existing and proposed techniques whicl-i will be used
to further implementation of the waterfront policies.

1. Existinct Local Laws and Regulations

a. Building Code (Adopted as amended 12/4/57)

The purpose of this code is to ensure that all new structures or major
alterations to existing structures are constructed in a sound manner
and comply with generally accepted design standards. The code
requires a permit prior to new or substantial alterations to existing
structures.

The code implements the following policy:

W Policy 1 Re: Revitalization of Main Street/Lockport Street
Area.

Policy 2 Re: Water Dependent Uses in the Ferry Streat/'1:4ater
Street Area.

Section 3a (3) of the Building Code requires a permit for signs,
enclosed buildings, and building alterations exceeding 25% of the
structures value. This will allow the building inspector to
review applications in light of these guidelines pertaining to
signs, facades, building height, usable.floor space, use, and
fuel storage facilities.

(ii) Policy 11 Re: Flood Hazard Areas.

Section 3a (3) of the Building Code requires permits for
virtually all construction. This will insure that structures in
designated flood hazard areas are consistent with the provisions
of policy 11.

(iii) Policy 12A Re: Bluff Protection and Policy 37 Re: Storm
Drainage.

Section 3a (3) of the Building Code allows the Building
Inspector to examine proposed structures on the bluff to insure
that those guidelines in Polices 12A and 37 and reinforced in the
Village Zoning Ordinance are properly adhered to.

(iv) Policy 14 Re: Construction of Structures

Section 3 (a ) (3)(d) of the Building Code specifically indicates
that retaining walls require permit, as well as all other
construction activity. This will provide a local. inspection of
construction work and insure that the construction technique..
design and location are appropriate for a waterfront area, an(f,

V--:3

is done in a manner which ensures no measurable increase in
erosion or flooding.

(v) Policy 25 Re: Scenic Vistas

Section 3a (3) requires most construction in proximity to the
Village's scenic vistas to obtain a permit. In issuing such
permits the Building Inspector will insure that those guidelines
noted in Policy 25 are adhered.

b. Chaipter VIII-A of Village Code Book-Local Law Entitled "Removal an
.Repair of Dangerous or Unsafe Buildings' 12/3/59-Adoption) This
law gives the Village authority to remove or repair buildings which
become unsafe or dangprous to the public.

The law aids in impipmenting the following policies:

(i) Policy 1 Re: Revitalize the Main Street/Lockport Street -area.

The law provides a procedure to address conditions which would
hamper Village plans to create an attractive promenade and
otherwise improve the marketability of the Main Street/ Lockport
Street area.

(ii) Policy 25 Re: Protecting Scenic Resources

Since dangerous structures often detract from the visual
environment, this local authority can play a direct role in
carrying out the above policies.

C. Chalpter XIX - of Vfflglge Code Book - Local LaA Entitle "Removal of
Fire and Health Hazards and Weeds (8/20/65- Adoption)

The law is similar to the provision noted above, however it focuses on
unsafe outdoor conditions.

The law aids in implementing policy 25 for those reasons previously
noted.

d. Chapter VI of Village Code Book - Local J!aw Entitled "Zoning
Ordinancell (AdoT)ted as amended 1986). The ordinance regulates the
type, location, size and bulk of land uses within the Village.

The ordinance aids in implementing the following policies.

(i) The Water Street/Ferry Street area is classified as a Waterfront
District. The Waterfront Commercial 1 and 2 Districts are
located along Main Street (See Figure 29). Zoning regulations
limit uses to activities which are dependent or enhanced by a
waterfront location.

The majority of permitted uses are recreation oriented. The
Waterfront District directly implements:

V-4

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Village of Youngstown
Local Waterfront Pevitauzation Program
Figure 29: PROPOSED ZONING MAP
Planning Consultant: Thomas J. Dearing L

0 Since permitted uses include boat launches, yacht clubs,
public recreation, and other water dependent uses on
parcels having frontage on the Niagara River, the Zoning
Ordinance partially implements Policy 2A and 2B which
calls for the maintenance or promotion of water dependent
or enhanced uses west of Main Street within the Village
Center.

0 It also directly implements Policy 21A which gives priority
to water- dependent and enhanced recreation in the water
Street/Ferry area, since those recreation uses listed in
the above paragraph are the only permitted uses on
waterfront rparcels.

(ii) Height and bulk requirements within the Commercial Restricted
District (i.e. Section 2-04213) prohibit structures from being
placed above the ground level of the Niagara River high bank.
In addition, no structures can be erected which substantially
restrict or block the vista or view of the River from Water
Street. These provisions aid in implementing Policy 25 relative
to protecting scenic vistas at Constitution Park.

(iii) The south shoreline vista extending approximately 400 feet north
from the Village's south boundary is zoned R-40. A minimum
residential lot size of 40,000 square feet is established with a
60 foot front yard requirement. These requirements, in effect,
prohibit construction in the scenic vista area illustrated oil
Figure 13 due to the narrow land area between Route 18F and
the River. Thus, Policy 25, relative to preserving scenic vistas
is partially implemented by this zoning provision.

e. Local Law No. 8 of 1977 - Youngstown Subdivision Regulations
(Adopted November. 1977). The regulations ensure the proper design
and integration of, both major and minor, subdivisions of land with
Village utilities, streets, and adjacent land uses.

The subdivision regulations aid in implementing the following LWRP
policies:

(i) Section 17 requires that major subdivisions must include storm
drainage plans which are consistent with the Village's
comprehensive village drainage study. Although the latter has
yet to be prepared, the consistency provision will assist in
implementing Policy 33A which deals with storm drainage
management. The completion of a Village drainage study is a
recommendation of the LWRP

(h) Section 14(d) prohibits plotting of land subject to flooding for
any use that might aggravate the flood hazard. This aids in
implementing Policy 11 which deals with flood hazard protection.
Since new development parcels cannot be formed out of existing
plots within the flood hazard area, the potential for property
damage and endangerment of human life is minimized.

V-7

(iii) Section 17(A-D) contains the following storm drainage design
requirements for major subdivisiuri-s (i.e. five or more lots)

(1) Each major subdivision must be related to the drainage
pattern affecting the areas involved, with proper
provision made for adequate storm drainage facilities.
Storm drainage plans must reflect potential surface runoff
within the drainage area after development, and must
comply with the requirements of the Village Engineer, the
Board, and the comprehensive Village drainage study.

(2) Grades must be set so as to drain storm water away from
planned improvements on each lot and into swales,
ditches, culverts or other drainage facilities that conduct
the storm drainage into the underground storm drainage
system or into a natural watercourse.

(3) If a major subdivision is traversed by a watercourse,
drainage way, channel, or stream, a storm sewer easement
or drainage right-of -way conforming substantially with the
line of such watercourse must be provided. The width
of the easement or right-of-way must be approved by the
Village Engineer and the Board with due regard to ease
of maintenance -

(4) Storm drainage facilities must be of sufficient capacity to
handle not only the anticipated discharge from the
property being subdivided, but also the anticipated runoff
that might occur if property at a higher elevation in the
drainage area is developed.

Minor subdivisions (i.e. not more than four lots) must comply
with items -2 and 4 above.

The storm drai nage provisions aid in implementing Policy 33
regarding use of best management practices to control storm
water runoff into the Niagara River. The subdivision
regulations establish clear guidelines intended to control the
negative impacts excessive storm water can cause such as soil
erosion, downstream flooding, sedimentation of water courses,
and over-use of existing storm drainage systems.

(iv) Section 21 requires that all utilities be installed below ground
level. This will aid in implementing Policy 1 regarding the
revitalization of the Water Street/ Lockport Street area and
development of a public promenade. overhead utility lines
cause an intrusion into the visual landscape and can work
against the Village's goal of revitalizing the area. A
requirement to bury the lines will complement other Village
public improvements to improve the corridors aesthetic appeal.

f. Flood Damage Prevention Local Law - 11/87. The purpose of the law
is to minimize public and private losses from flooding in areas
designated as special flood hazard areas. The law establishes general

V-8

and specific standards for construction techniques to be used within
such areas.

The law implements the following policies

(i) Policy 11 Re: Siting of buildings to minimize property and
personal damage. Section 5 includes standards regarding
anchoring, construction materials, utility placement,
encroachment and specific standards for residential and non-
residential use. These are all intended to implement Policy 11.

(A) Policy 14 Re: Construction of Erosion Protection structures in
a manner Which Ensures no Measurable Increase in Flooding.
Section 4.2 recruires a Development Permit before construction
can occur in special flood hazard areas. The law requires that
the Development Permit application be certified by a licensed
engineer or architect indicating that the non-residential flood-
proofed structure meets the law's flood proofing criteria. The
latter includes a requirement that the cumulative effect of any
proposed development (e. g. erosion control structure) when
coinbined with existing or proposed development, shall not
increase the water surface elevation of the base flood more than
one foot at any point.

(iji) Policy 33 Re: Storm water Runoff Control. Section 5.1-3(3)
establishes a standard that new and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters. This will help eliminate problems of excess flows
through the Village's sanitary system during high water periods
thus causing untreated discharges into streams or other water
sources.

2. Additional Local Laws and Reciulations Adopted to Implement the LWRP

a. zoning Map Revisions (See Figure 29)

M The Waterfront District replaces the Commercial Restricted
District.

(ii) The designation of Waterfront Park as within a Public Facilities
District has been replaced with its inclusion in the Waterfront
District.

(iii) The Waterfront Commercial I and 2 Districts replace the
Commercial District on the east and west side of Main Street
between Hinman Street and approximately William Street.

(iv) The land area directly north and east of the Youngstown Village
Square Apartments should be rezoned from RCL-3 to R-8A
reflecting its proposed use for multi-family development.

(v) The land zoned RCL-3 in all sections of the Village, except the
land between Oak and Lockport Streets, should be rezoned to
R-40. This,encourages new, higher density housing to occur

V-9

within -the interior blocks, rather than in the cutlying areas.
The R-40 classification should be considered temporary until
development pressure reaches that section of the Village.

(vi) A Waterfront Bluff Overlay District has been added coinciding
with the area described in the Explanation to Policy 12.

b. Zonincf ordinance Revisions- There were three major revisions to the
Zoning ordinance. The first creates a Waterfront District in the Water
Street/Ferry Street area. Water-dependent uses would be permitted
with a site plan requirement for most activities. A condition of site
plan approval by the Planning Board is the use's consistency with the
LWRP. See Attachment A for the specific text of the Zoning revisions.

The zoning change implements the following policies to a greater
degree than the existing CR District:

W Policies 2, 2A and 2B Re: Water-dependent and water-
enhanced uses.

The permitted uses clearly carry out the above policies.

The second major zoning proposal is the creation of the
Waterfront Commercial 1 and 2 Districts along portions of Main
Street in the Village Center. Uses which can benefit from a site
having a waterfront view will be permitted on the west side of
Main Street (Waterfront Commercial 1 District). Design
standards relative to building height, signs, utilities and
landscaping will help create an attractive commercial corridor.

(ii) Policies 1, 1A and 1B Re: Revitalize the Village Center.

The encouragement of water-enhanced commercial uses along the
west side of Main Street rather than convenience retail uses will
open tip some land for modest retail growth. The requirement
for site plan approval will foster a comprehensive review of most
development proposals to ensure that their location, design and
impact further the above policy.

(iii) P(DliCy 2B re: Water-enhanced uses.

The permitted uses for the west side of the bluff clearly carry
out Policy 2B, since restaurants, boutiques/ specialty shops, and
village inns are given priority.

(iv) Policy 25 Re: Scenic Vista.

The design incentives recommended in the ordinance for uses
which are able to incorporate public viewing areas into their
design will aid in implementing the scenic vista element of Policy
25.

The third major zoning proposal is the inclusion of a Waterfront Bluff
Overlay District (see Policy 12 for a definition of bluff). The new district

V-10

recognizes the value of the bluff for scenic enjoyment and erosion
protection. Limitations on development, in terms of type and construction
method, are included in the proposed changes. Basically, bluff cuts needed
for structures, roadways, etc. would be prohibited. However, stairways
and construction needed for public access would be allowed subject to design
guidelines, as well as movable structures. S 'ite plan approval would be
required for most development.

The bluff regulations implement the following policies:

(i) Policy 12A RE: Bluff protection
The use of regulations and design guidelines are intended to
protect the bluff.

Policy 14 Re: Insure no increase in erosion from construction.

(ii) Policy 17 Re: use of non-structural measures to control
erosion.
The bluff regulation is a non-structural measure.

(W) Policies 25 and 25A Re: Scenic resources. Because of the
vistas from the landslide edge of the bluff off Constitution Park,
the area extending 400 feet north from the Village's south
boundary, and the Village street ends which are of local
importance, the prohibition of uses on the bluff which would
block views or create an intrusion onto the natural bluff
landscape in these areas will aid in implementing this policy.

C. Local Consistency Law: In order to expand the scope of local reviews
under the provisions of the New York State Environmental Quality
Review Act (SEQR), it is proposed that the Village adopt a local
consistency law. (See Attachment B). 11,

The new law requires all Type I and unlisted actions (as defined by
the SEQR implementation regulations) that would be directly
undertaken. apT,)roved or funded by the Village to be reviewed by the
Board of Trustees for consistency with the Village of Youngstown
LWRP. The law further prohibits such actions from being carried out,
unless the lead agency determines that the action is consistent with
the general intent of the LWRP. The Local Consistency Law
implements all of the local waterfront policies through Section 2). 2
Consistency Determination.

V-11

B. OTHER PUBLIC AND PRIVATE ACTIONS NEC13SSARY TO IMPIXNENT THE
LWRP.

Reference should be made to Figure 30 which provides a blueprint for implementing
the Village's LWRP over the next 10 years. The following narrative provides more
specific information about how each action furthers the implementation of LWRP
policies.

1. Local Government Actions Necessary to ImWement the LWRP

a. constitution Park Improvementrz will occur following completion of a
detailed design. This project is described more fully in Section IV.
Such improvements will aid in implementing Policy 2A (re: Maintain
water dependent recreation uses in the Water Street/Ferry Street
area); Policy 9A (re: Improving access to Water Street/Ferry Street
area for fishing); Policy 19A (re: Improve access to Constitution
Park);.- -Policies 21A_and 21B (re: Encourage . water-dependent
recreation at Constitution Park, and Policy 25A (re: Protect scenic
vistas at Constitution Park).

b Vehicle Accesg Improvements to Constitution Park as described in
Section IV will. allow public access and safer vehicle travel along the
unimproved right-of-way into Constitution Park. Such access will be
limited to elderly and handicapped groups, as well as maintenance
vehicles. This will aid in implementing Policy 19(re: Improve access
to Constitution Park), and Policy 20 (re: Provide access to public
lands at the water's edge).

C. Waterfront Park Imimovements include relocating the old customs
building in order to open up an additional 7,500 square feet of park
space. This will provide more water-dependent recreation space
thereby implementing Policy 21A and 21B(re: Encourage water-
dependent recreation at Waterfront Park).
The elimination of six parking spaces will also open up 200 sq@are feet
of new park land.

d. The Hinman Street Stairw will link the municipal parking lot with
the Water Street recreation uses. , Thus, it will improve pedestrian
access to the"waterfront and aid in implementing Policy 19A (re:'
Improve access to Waterfront Park) and Policy 20 (re: Provide access
to public lands at the water's edge).

e. The Village Center Facade will improve the physical
appearance of businesses along Main Street and Lockport Street,
thereby enhancing the area's attractiveness to tourists and Village
shoppers. It will therefore aid in implementing Policy 1A (re:
Revitalize the Main Street/Lockport Street area).

f. The Main Street Promenade will create a pleasant visual environment
from the Village Center to the Fort Niagara State Park entrance. It
will also serve as a formal link between the two activities. Policy 1A
(re: Revitalize the Main Street/Lockport Street area) will be partially
implemented through this project.

V-12

9. Improvements to the Niagara Street End will provide public access to
a scenic vista of the River and Niagara- On- T he- Lake, Ontario. Thus,
Policy 25A (re: Enhance scenic vistas) will be implemented through
this action, as well as Policy 21B (re: New... water-enhanced
recreation uses will be provided at ... appropriate Village Street
ends. )

h. The Church. CampbeU and E.Uiott Street Ends-selected Cuttinct an
CleAring project will open up three scenic vistas to motorists and
pedestrians using Route 18F. This will aid in carrying out Policy .15A
(re: Enhance scenic vistas).

i. The J!arking Improvements In the Village Cente will permit the
removal of parking spaces in the Water Street/Ferry Street area. The
latter area could then be converted to recreation uses which are more
dependent or enhanced by a shoreline location. Thus, this action
would assist in implementing Policy 2A (re: Maintain the mix of water-
dependent commercial and recreation uses in the Water Street/Ferry
Street area), and Policy 21A (re: Priority to water-dependent and
enhanced recreation in Water Street/Ferry street area) -

i. The proposed Historic Resources Survey. as described in the
explanation to Policy 23B will serve as the initial local implementation
action necessary to carry out Policy 23B.

k. The proposed Village Drainage Study will aid in implementing Policy
33A (re: Best management practices for storm drainage control). It
will also serve as a planning tool during subdivision review.

1. The Tourist Circuit Conce as discussed in the 1986 Niagara Cgunty
Economic Development Strategy is recommended for implementation by
the Niagara County Industrial Development Agency. such "circuits"
would link currently distant points of interest in the County such as
the Niagara Gorge, Erie Canal, Historic Lockport, Youngstown
Harbor, etc - They would become part of a formal tour promoted by
Niagara County tourism promotion agencies to bus tour companies,
convention planners, and other similar organizations. This would
ifi@@'-rbl,ge retail traffic in the Village and aid in carrying out Policy 1A
(re: Revitalize the Main Street/Lockport Street area).

M. A Pedestrian Crossing Syslem is needed across Main Street between
Falkner and Constitution Parks. This should be completed by the
Niagara County Department of Public Works. At a minimum it should
consist of pavement markings, warning signs, and a reduced speed
zone. This will improve pedestrian access to Constitution Park,
thereby implementing Policy 19A (re: increase access to Constitution
Park). The Village should also cordon off Main Street in this area
during major events to better permit pedestrian flow hetween the two
parks.

11. The Village has completed an inflow and infiltration stu relative to
their sanitary sewer system. It is now being refined and will result
in the identification of specific inflow and infiltration problems and
consequent recommendations to address the issues. The completion

V-13

of the analysis and implementation of any recommendations will aid in
implementing Policy 33A (re: Best management practices for storm
drainage control) by reducing the amount of storm water runoff
flowing into the Niagara River.

0. A series of design charattes should be developed by the Village
dealing with: (a) Village Center Parking, (b) Falkner and Constitution
Park linkage and (c) Village Square/Retail Improvements. This could
be carried out by students from the School of Environmental Design
at SUNY at Buffalo as field lab projects and provide the Village with
some innovative physical design proposals.

P. Watar Street Improvements are needed relative to lighting, sidewalks,
and other appropriate street furniture.

2. Private Actions- Necessary to Implemexxt Jhe LWRP

1. The Youngstown Yacht Club should, in cooperation with the Village,
carry out the redevelopment plan. for their property north of Water
street. This would include accommodating the limited right-of-way
needs of the Village for elderly, handicapped and maintenance vehicles
to Constitution Park, and using the current parking area for more
water-dependent recreation use.

b . Marine Midland Bank, St. Bernard's Church and B-Kwik Food Store
should work with the Village in permitting use of their lots for
overflow parking needs during summer weekends. This could be
accomplished through a lease arrangement which could be renewed
monthly. Thus, if demand for parking does not materialize the Village
is not tied into a fixed cost arrangement. once again the additional
parking spaces would only be needed i after parking is reduced on
Yacht club property.

C. In order to attract new retail activity and promote necessary capital
improvements in the Village Center, a private Business Association
should be organized. Initially, the group should concentrate on
working with the Seaway Trail Committee, officials of Fort Niagara
State Park, and the County tourism promotion agency in order to
encourage bus tours to stop off at Youngstown for meals. As
Constitution Park is developed and the other proposed improvements
are made, the Village will become an increasingly attractive place to
visit. Longer stays by area visitors would become more common
thereby increasing demand for new retail outlets, overnight lodgings
(e.g. bed and breakfast establishments) etc. A Business Association
is an essential catalyst for ensuring that the public and private
sectors work cooperatively in their pursuit of a more attractive and
better utilized village Center.

V-14

C. MANAGEMENT STRUCTURE NECESSARY TO IMPLEMENT THE LWRP

1. Lead Aciency and Local offiFial: The Board of Trustees shall be considered
the lead agency for managing the LWRP, while the Mayor will be the local
official responsible for overall program coordination within the Village
government.

2. Implementation Res*ponsibilities: The following provides a brief overview of
how various Village offices will be involved in LWRP implementation.

a. Mayor's office: As lead local official, the Mayor will be responsible
for directing Village personnel to utilize the LWRP in their actions,
including zoning and environmental review, as well as initiating those
other local actions necessary for LWRP implementation.

b. Board of Trustees: In its role as lead agency for environmental
reviews,the Board of Trustees shall be responsible for certifying the
consistency of Type I or unlisted actions with the LWRP. The Board
of Trustees will also approve capital funding expenditures as required
to carry out those actions which are recommended as the responsibility
of the Village to implement.

C. Village Building Inspector: Responsibilities shall include enforcing
the provisions of the new zoning districts and the Zoning ordinance
in general. The Building Inspector shall also assist the Planning
Board in reviewing proposed zoning actions for consistency with the
LWRP.

d. Planning Board: Responsibilities include review of Type I and
unlisted actions for consistency with the LWRP pursuant to provisions
of the proposed Local Consistency Law. Review recommendations will
be submitted to the Board of Trustees for their consideration in
determining the action's consistency with the LWRP.

3. Local Consistency Procedures: Reference should be made to Appendix A
(i. e. 7oning Ordinance Amendments) and Appendix B, (i.e. Local
Consistency Law).

4. Federal and State Action Consistency Review Procedures:

Proposed Stated and Federal action occurring within the Village will be
reviewed in accordance with procedures developed by the New York State
Department of State, and set forth in Appendix C.

V-15

D. FINANCIAL RESOURCES NECESSARY TO IMPLEMENT THE-LWRP

Reference should be made to Figure 30 for a summary of the cost, funding
sources, and timetable for LWRP implementation.

Due to the small size of the Village and the subsequent few dollars available for
discretionary spending, it is important that the Village aggressively pursue
outside funds to carry out those items listed in Figure 31. Village officials should
seek assistance in writing grants from the Niagara County Planning and industrial
Development Agency or the Erie and Niagara Counties Regional Planning Board.
Both organizations have professional planning staffs which are familiar with
funding sources and how to apply.

In the event the above agencies are unable to assist the Village, it is recommended
that a private planning firm be hired on a per them basis to seek out, apply and,
if necessary, administer public and/or private foundation grants on behalf of the
Village.

V-16

PROPOSAL LEAD T1149TABLE ESTIMATED FUNDING
COST (ORDER Or SOURCES
AGENCY OF KRGMITUDR)
1. C n:titution Park village of 1988 Design @300,000 W NYS
0vlopment Youngstown onstruction $500,000 Environmental
De 1989 C Ouality Bond Act-
Municipal Park
Element
(b) NYS Coastal
M a n a 9 0 m a n t
program.
(C) Federal Land
a n d W a t a r
C 0 n a.rv.ti.n
Fund .
(d) NYS Aid to
10 al
go ernments.
(a) Village of
Young town

2. Vehicle Access village of 1989 Not -4ilabl--, (a) Private
Impro ements to Youngstown Subject to (b) Village of
Constitution Park agreement Youngstown
between Yacht
CIband Village

3. Waterfront Park Village of 1988 Force Account Village of
Youngstown
Imp rovements Youngstown

4. Hinman Street Village of 1988 $20,000 W SYS Coastfil
Stairway Youngstown M a n a 9 a W a " t
Program
(b) SYS Aid to
LocaIGovern ents
(c) Village of
Youngstown
5. Village Center Village of 1989 f25,000 (a) UYS Aid to
Facade Improvements Youngstown (Revolving Local Governments
Loan Fund) (b) Private
6. Main Street Promenade Village 0i 1990-91 $100.000 (a) UYS Coastal
Youngstown M a n a 9 a m a n t
Program
(b) NYS Aid to
LocaIGov;rnmente
(,)MYS 0 fice of
Park., Recreation
and Historic
Preservation
(d) Village of
Youngstown
7. Niagara St,eet Village of 1991 @20,000 See 11
End Improvements Youngstown

B. Villoge Center Village of 1990 Dependent on Village of
Parki .9 Improvements Youngstown lease Youngstown
negotiations -In-Kind Donation
fr0m Private
Sector
9. Historic Resource- village of 1991 $8,000 (a) KYS Council
on The Arts
Sur Vey Youngstown (b )NYSOPR;
01 vion 0
0 H i.t"ri c
Preservation- C.rtified Local
G o v a r n . a n t
Program.
(c) NYS-Aid to
Local aOV*rnment:
(d) .un gito.
H i a t o r i c
S *c i a ti
,Volunteer)
Ia) Village of
Youngstown
(f II r i V a t a
round:tion-
Corporat Support

10. Village Drainage Village of 1992 $15,000 (a) SUNYAS -
Study Y ... g.,o.n S c h o o I. f
Engineering
PLanning
(b) Village of
Yougstown
(c) NYS Aid t
LocaIGovarnments
11. Tourist Circuit Niagara 1990 unavailable (a) Niagara
Conc apt Promotion county County
D-Pt. -f (b)NYS Tourism
Planning Fund.
12. Pe de:trian Cros9 Nipagaracounty 198B Force Account Niagara County
at r:in
Sy M-Main St et De t. Pu blic
Works

13. Implement Inflow Village of 1989-90 Dependent on (a) VillacJe of
&In filtration Study Youngstown recommendations Youngstown
Recommendations (b) Pure Waters
:rogram.- USEPA
nd NYSD C
14. Ipl;m.nt Youngstown 1987-89 unavailable (a) Private
Youn sto,wn Yacht Yacht Club
Club Development Plan

15. Village Street Village of 1988 Force Account Village of
End-Scenic Vista Younqstown Youngstown
16, Village Regulatory Village of 1968 NA NA
Changes Youngstown
17. Form, tion of Local business 1988 NA NA
Village Business
Association
18. Water Street Village of 1990 L 1992 $50,000 See 96
1mprovement. Youngstown
19. Design Concept Village of 1989. 1991, 1992 NA SUNYAB - Student
Plan. Youngstown Credit Work

Figure 30 IMPI esse ntation Blueprint

YE"

PROJECT 1988 1989 1990 1991 1992

onstitution Park $40,000
lbesign

2. Constitution Park $400,000
Development

3. Vehicle Access To Undetermined
Constitution Park

4. Waterfront Park Force Acct.
Improvements

5. Hinman St. Stairway $20,000

6. Village Center $25,000
Facade Improvements

7. Main St. Promenade $60,000* $40,000

8. Water St. Improvements $50,000* $10,000

9. Niagara St. End $20,000
Improvements

10. Village Center Not
Parking Improvements Available

11. Historic Resources $8,000
Survey
e
Installation of Underground Utilities

village Drainage
Study $15,000
13- Tourist Circuit Not
Concept Promotion Available
14- Pedestrian Crossing Force
System-Main Street Acct.
15. Implement Inflow Not Not
Recommendations Available Available
16- Implement Youngstown Not
Yacht Club Development Available
Plan

17. Village Street End Force
Vista Improvements Acct.
IS. Village Regulatory Not
Changes Applicable
19- Formation of Village Not
Business Association Applicable
20. Design concept Plans Not Not Not
Applicable Applicable Applicab

Figure 31 Project Cost Sebeddle

SECTION VI
0 STATE AND FEDERAL ACTIONS AND PROGRAMS
LIKELY TO AFFECT IMPLEMENTATION

State and Fedeial actions will affect and be affected by implementat-icn cf the
LWRP. Under State law and the Federal Coa6tal Zone Management Act, certain
State and Fedpral actions within or affecting tne local waterfront area must be
"consistent" or "consistent to the maximum extent practicable'! with the enforceable
policies and purposes of the LWRP. This consistency requirement makes the LWRP
a unique, intergovernmental mechanism for setting policy and making decisions and
helps to prevent detrimental actions from occurring and future options from being
needlessly foreclosed. At the same time, the active participation of State and
Federal agencies is also likely to be necessary to implement specific provisions of
the LWRP.

The first part of this section identifies the actions and programs of State and
Federal agencies which should be undertaken in a manner consistent with the
LWRP. This is a generic list of actions and programs, as identified by the NYS
Department of State; therefore, some of the actions and programs I-Jsted may not
be relevant to this LWRP. Pursuant to the State Waterfront Revitalization and
Coastal Resources Act (Executive Law, Article 42), the Secretary, of State
individually and separately notifies affected State agencies of those agency actions
and programs which are to be undertaken in a manner consistent with approved
LWRPs. Similarly, Federal agency actions and programs subject to consistency
requirements are identified in the manner prescribed by the U.S. Coastal Zone
Management Act and its implementing regulations. The lists of State and Federal
actions and programs included herein are informationall only and do not represent
or substitute for the required identification and notificat-ion iDrocedures. The
current official lists of actions subject to state and Federal consistency
requirements may be obtained from the NYS Department of State.

The second part of this section is a more focused and descriptive list of state and
Federal agency actions which are necessary to further implementation of the LWR P -
It is recognized that a State or Federal agency's ability to undertake such actions
is subject to a variety of factors and considerations; that the consistency
provisions referred to above, may not apply; and that the consistency
requirements can not be used to require a State or Federal agency to undertake
an action it could not undertake pursuant to other provisions of law. Reference
should be made to Section V, which also discusses State and Federal assistance
needed to implement the LWRP.

VI-3

A. STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH SHOULD BE
UNDERTAKEN IN A MANNER CONSISTENT WITH THE LWRP

1., State Agencies

OFFICE FOR THE AGING

1. 00 Funding and/or approval programs for the establishment of new or expanded
facilities providing various services for the elderly.

DEPARTMENT OF AGRICULTURE AND MARKETS

1.00 Agricultural Districts Program
2.00 Rural Development Program
3.00 Farm Worker Services Programs.
4.00 Permit and approval programs:

4.01 custom slaughters/ Processor Permit
4.02 Processing Plant License
4.03 Refrigerated Warehouse and/or Locker Plant License

DrVISION OF ALCOHOLIC BEVERAGE CONTROUSTATE LIQUOR AUTHORIT

1.00 Permit and Approval Programs:

1.01 Ball Park - Stadium License
1.02 Bottle Club License
1.03 Bottling Permits
1.04 Brewer's Licenses and Permits
1.05 Brewer's Retail Beer License
1.06 Catering Establishment Liquor License
1.07 Cider Producer's and Wholesaler's Licenses
1.08 Club Beer, Liquor, and wine Licenses
1.09 Distiller's Licenses
1.10 Drug Store, Eating Place, and Grocery Store Beer Licenses
1. 11 Farm Winery and Winery Licenses
1.12 Hotel Beer, Wine, and Liquor Licenses
1.13 Industrial Alcohol Manufacturer's Permits
1.14 Liquor Store License
1.15 On-Premises Liquor Licenses
1.16 Plenary Permit (Miscellaneous -Annual)
1.17 Summer Beer and Liquor Licenses
1.18 Tavern/Restaurant and Restaurant Wine Licenses
1.19 Vessel Beer and Liquor Licenses
1.20 Warehouse Permit
1.21 Wine Store License
1.22 Winter Beer and Liquor Licenses
1. '413 Wholesale Beer, Wine, and Liquor Licenses

VI-4

DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE

1.00 Facilities, construction, rehabilitation, expansion, or demolition or the
funding of such activities.

00 Permit and approval programs:

2.01 Letter Approval for Certificate of Need
02 operating Certificate (Alcoholism Facility)
2
03 operating Certificate (Community Residence)
04 operating Certificate (Outpatient Facility)
2.05 operating Certificate (Sobering-Up Station)

COUNCIL Off THE ARTS

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

2.00 Architecture and environmental arts program.

DEPARTMENT OF BANKING

1.00 Permit and approval programs:

1.01 Authorization Certificate (Bank Branch)
1.02 Authorization Certificate (Bank change of Location)
1.03 Authorization Certificate (Bank Charter)
1.04 Authorization Certificate, (Credit Union Change of Location)
1.05 Authorization Certificate (Credit Union charter)
1.06 Authorization Certificate (Credit Union Station)
1.07 Authorization Certificate (Foreign Banking Corporation Change of
Location)
1.08 Authorization Certificate (Foreign Banking Corporation Public
Accommodations office
1.09 Authorization C ertif icate (Investment Company Branch)
1.10 Authorization C ertif licate (Investment Company Change of
Location)
1.11 Authorization Certificate (Investment Company Charter)
1.12 Authorization Certificate (Licensed Lender Change of Location)
1.13 Authorization Certificate (Mutual Trust Company Charter)
1.14 Authorization Certificate (Private Banker Charter)
1.15 Authorization Certificate (Public Accommodation office - Banks)
1.16 Authorization Certificate (Safe Deposit Company Branch)
1.17 Authorization Certificate (Safe Deposit Company Change of
Location)
1.18 Authorization Certificate (Safe Deposit Company Charter)
1.19 Authorization C ertif ic ate (Savings Bank Charter)
1.20 Authorization Certificate (Savings Bank De Novo Brahch office)
1. 421 Authorization Certificate (Savings Bank Public Accommodations
office)
1.22 Authorization C ertific ate (Savings and Loan Association Branch)

VI-5

1.23 Authorization Certificate (Savings and Loan Association Change of
Location)
1.24 Authorization Certificate (Savings and Loan Association
Charter)
1.25 Authorization Certificate (Subsidiary Trust Company Charter)
1.26 Authorization C ertificate (Trust Company Branch)
1.27 Authorization Certificate (Trust Company-Change of Location)
1.28 Authorization Certificate (Trust Company Charter)
1.29 Authorization Certificate (Trust Company Public Accommodations
office)
1.30 Authorization to Establish a Life Insurance Agency
1.31 License as a Licensed Lender
1.32 License for a Foreign Banking Corporation Branch

DEPARTMENT OF COMMERCE

1.00 Preparation or revision of statewide or specific plans to address
state economic development needs.
t-.00 Allocation of the state tax-free bonding reserve.

DEPARTMENT OF CORRECTIONAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

DORMITORY AUTHORITY OF THE STATE OF NEW YORK

1.00 Financing of higher education and health care facilities.
2.00 Planning and design services assistance program.

EDUCATION DEPARTMENT

1.00 Facilities construction, rehabilitation, expansion, demolition or the funding
of such activities.

2.00 Permit and approval programs:

2.01 certification of Incorporation (Regents Charter)
2.02 Private Business School Registration
2.03 Private School License
2.04 Registered Manufacturer of Drugs and/or Devices
2
@_. 05 Registered Pharmacy Certificate
2.06 Registered Wholesale of Drugs and/or Devices
2.07 Registered Wholesaler- Repacker of Drugs and/or Devices
2.08 Storekeeper's Certificate

ENERGY PLANNING BOARD AND ENBRGY OFFICE

1.00 Preparation and revision of the State Energy Master Plan.

VI-6

NEW YORK STATE ENERGY R&S-EARCH AND DEVELOPMENT AUTHORITY

1.00 Issuance of revenue bonds to finance pollu tion abatement modifications in
power- generation facilities and various energy projects.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

1.00 Acquisition, disposition, lease, grant of easement and other activities related
to the management of lands under the jurisdiction of the Department.

2.00 Classification of Waters Program; classification of land areas under the clean
Air Act.

3.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

4.00 Financial assistance/grant programs:

4.01 Capital projects for limiting air pollution
4.02 Cleanup of toxic waste dumps
4.03 Flood control, beach erosion and other water resource projects
4.04 Operating aid to municipal wastewater treatment facilities
4.05 Resource recovery and solid waste management capital proJects
4.06 Wastewater treatment facilities

5.00 Funding assistance for issuance of permits and other regulatory activities
(New York City only).

6.00 Implementation of the Environmental Quality Bond Act of 1972, including:

(a) Water Quality Improvement Projects
(b) Land Preservation and Improvement Projects including Wetland
Preservation and Restoration Projects, Unique Area Preservation
Projects, Metropolitan Parks Projects, open Space Preservation
Projects and Waterways Projects.

7.00 Marine Finfish and shellfish Programs.

8.00 New York Harbor Drift Removal Project.

9.00 Permit and approval programs:

Air Resources

9.01 Certificate of Approval for Air Pollution Episode Ac tion Plan
9.02 Certificate of Compliance for Tax Relief - Air Pollution
Control Facility
9.03 Certificateto Operate: Stationary Combustion Installation; Incinerator,
Process, Exhaust or Ventilation System,
9.04 Permit for Burial of Radioactive Material
9.05 Permit for Discharge of Radioactive Material to Sanitary sewer

VI-7

9.06 Permit for Restricted Burning

9.07 Permit to Construct: a Stationary Combustion Installation; Incinerator;
Indirect Source of Air Contamination; Process, Exhaust or Ventilation
System

Construction Management

9.08 Approval of Plans and specifications for Wastewater Treatment
Facilities

Fish and wildlife

9.09 Certificate to Possess and Sell Hatchery Trout in New York State
9.10 Commercial Inland Fisheries Licenses
9.11 Fishing Preserve License
9.12 Fur Breeder's License
9.13 Game Dealer's License
9.14 Licenses to Breed Domestic Game Animals
9.15 License to Possess and Sell Live Game
9.16 Permit to Import, Transport and/or Export under Section 184.1 (11-
0511)
9.17 Permit to Raise and Sell Trout
9.18 Private Bass Hatchery Permit
9.19 Shooting Preserve Licenses
9.20 Taxidermy License

Lands and Forests

9.21 Certificate of Environmental Safety (Liquid Natural Gas and Liquid
Petroleum Gas)
9.22 Floating Object Permit
9.23 Marine Regatta Permit
9.24 Mining Permit
9.25 Navigation Aid Permit
9.26 Permit to Plug and Abandon (a non-commercial, oil, gas or solution
mining well)
9.27 Permit to Use Chemicals for the Control or Elimination of Aquatic
Insects
9.28 Permit to Use Chemicals for the Control or Elimination of Aquatic
Vegetation
9.29 Permit to Use Chemicals for the Control or Extermination of
Undesirable Fish
9.30 Underground Storage Permit (Gas)
9.31 Well Drilling Permit (Oil, Gas, and Solution Salt Mining)

Marine Resources

9.32 Digger's Permit (Shellfish)
9.33 License of Menhaden Fishing vessel
9.34 License for Non-Resident Food Fishing Vessel

VI-8

9.35 Non-Resident Lobster Permit
9.36 Marine Hatchery and/or Off-BOttOM Culture Shellfish Permits
9.37 Permits to Take Blue-claw Crabs
9.38 Permit to Use Pond or TraP Net
9.39 Resident Commercial Lobster Permit
9.40 Shellfish Bed Permit
9.41 Shellfish Shipper's Permits
9.42 Special Permit to Take Surf Clams from Waters other than the
Atlantic Ocean

Regulatory Affairs

9.43 Approval - Drainage Improvement District
9.44 Approval - Water (Diversions for) Power
9.45 Approval of Well System and Permit to Operate
9.46 Permit - Article 15, (Protection of Water) - Dam
9.47 Permit - Article 15, (Protection of water) - Dock, 'Pier or
Wharf
9.48 Permit - Article 15, (Protection of Water) - Dredge or Deposit
Material in a Waterway
9.49 Permit - Article 15, (Protection of Water) - Stream Bed or Bank
Disturbances
9.50 Permit - Article 15, Title 15 (Water Supply)
9.51 Permit - Article 24, (Freshwater Wetlands)
9.52 Permit - Article 25, (Tidal Wetlands)
9.53 River Improvement District Approvals
9.54 River Regulatory District Approvals
9.55 Well Drilling Certificate of Registration

Solid Wastes

9.56 Permit to Construct and/or Operate a Solid Waste Management Facility
9.57 Septic Tank Cleaner and Industrial Waste Collector Permit

Water Resources

9 58, Approval of Plans for Wastewater Disposal Systems
9 59 Certificate of Approval of Realty Subdivision Plans
9 '0 Certificate of Compliance (Industrial Wastewater Treatment
Facility)
9.61 Letters of Certification for major onshore Petroleum Facility oil Spill
Prevention and Control Plan
9.62 Permit - Article 36, (Construction in Flood Hazard Areas)
9.63 Permit for State Agency Activities for Development in Coastal Erosion
Hazards Areas
9.64 Permit for State Agency Activities for Development in Coastal
Erosion Hazards Areas
9.65 State Pollutant Discharge Elimination System (SPDES) Permit
9.66 401 Water Quality Certification

VI-9

10. 00 Preparation and revision of Air Pollution State implementation Plan

11.00 Preparation and revision of Continuous Executive Program Plan.

12.00 Preparation and revision of Statewide Environmental Plan.

13.00 Protection of Natural and Man-made Beauty Program.

14.00 Urban Fisheries Program.

15.00 Urban Forestry Program.

16.00 Urban Wildlife Program.

ENVIRONMENTAL FACILITIES CORPORATION

1.00 Financing program for pollution control facilities for industrial firms and
small businesses.

FACILITIES DEVELOPMENT CORPORATIO

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

OFFICE OF GENERAL SERVICES

1.00 Administration of the Public Lands Law for acquisition and disposition of
lands, grants of land and grants of easement of land under water, issuance
of licenses for removal of materials from lands under water, and oil and gas
leases for exploration and development.

2.00 Administration of Article 4-B, Public Buildings Law, in regard to the
protection and management of State historic and cultural properties and
State uses of buildings of historic, architectural or cultural significance.

3.00 Facilities construction, rehabilitation, expansion, or demolition.

DEPARTKENT OF HEALTH

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

2.00 Permit and approval programs:

2.01 Approval of Completed Works for Public Water Supply Improvements
2.02 Approval of Plans for Public Water Supply Improvements.
2.03 Certificate of Need (Health Related Facility - except
Hospitals)
2.04 Certificate of Need (Hospitals)
2.05 Operating Certificate (Diagnostic and Treatment Center)
2.06 Operating Certificate (Health Related Facility)

VI-10

2.07 Operating Certificate (Hospice)
2.08 Operating Certificate (Hospital)
2.09 Operating Certificate (Nursing Home)
2.10 Permit to operate a Children's overnight or Day Camp
2.11 Permit to Operate a Migrant Labor Camp
2.12 Permit to Operate as a Retail Frozen Dessert Manufacturer
2.13 Permit to Operate a Service Food Establishment
2.14 Permit to operate a Temporary Residence/Mass Gathering
2.15 Permit to Operate or Maintain a Swimming Pool or Public Bathing
Beach
2.16 P ermit to Operate Sanitary Facilities for Realty Subdivisions
2.17 Shared Health Facility Registration Certificate

DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ITS SUBSIDIARIES AND
AFFILIATES

1.00 Facilities construction, rehabilitation, expansion, or demolition.
00 Financial assistance/ grant programs:

2.01 Federal Housing Assistance Payments Programs (Section 8
Programs)
2.02 Housing Development Fund Programs
2.03 Neighborhood Preservation Companies Program
2.04 Public Housing Programs
2.05 Rural Initiatives Grant Program
2.06 Rural Preservation Companies Program
2.07 Rural Rental Assistance Program
2.08 Special Needs Demonstration Projects
2.09 Urban Initiatives Grant Program
2.10 Urban Renewal Programs

3.00 Preparation and implementation of plans to address housing and community
renewal needs.

HOUSING FINANCE AGENCY

1.00 Funding programs for the construction, rehabilitation, or expansion
of facilities.

JOR DEVELOPMENT AUTHORITY

1.00 Financing assistance programs for commercial and industrial facilities.

MEDICAL CARE FACILITIES FINANCING AGENCY

.4-00 Financing of medical care facilities.

OFFICE OF MENTAL HEALTH

1.00 Facilities, construction, rehabilitation, expansion, or demolition or the
funding of such activities. VI-11

2.00 Permit and approval programs:

2.01 operating Certificate (Community Residence)
2.02 operating Certificate (Family care Homes)
2.03 Operating Certificate (Inpatient Facility)
2.04 Operating Certificate (Outpatient Facility)

OFFICE OF MENTAL RETARDATION_ AND DEVELOPMENT DISABILITIES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

2.00 Permit and approval programs:

.2.01 Establishment and Construction Prior Approval
2.02 Operating Certificate Community Residence
2.03 Outpatient Facility Operating Certificate

DIVISION OF MILITARY AND NAVAL AFFAIRS

1.00 Preparation and implementation of the State Disaster Preparedness
Plan.

NATURAL HERITAGE TRUST

1.00 Funding program for natural heritage institutions.

NIAGARA FRONTIER TRANSPORTATION AUTHORITY (regional actency)

1.00 Acquisition,. disposition, lease, grant of easement and other activities related
to the management of land under the jurisdiction of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

3.00 Increases in special fares for transportation services to public water-
related recreation resources.

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (includincz
RecTional State Park Commission)

1.00 Acquisition, disposition, lease, grant of easement or other activities related
to the management of land under the jurisdiction of the office.

00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

3.00 Funding program for recreational boating, safety and enforcement.

4.00 Funding program for State and local historic preservation projects.

5.00 Land and Water Conservation Fund programs.
VI-12 0

6.00 Nomination of properties to the Federal and/or State Register of Historic
Places.

7.00 Permit and approval programs:

7.01 Floating objects Permit
7.02 Marine Regatta Permit
7.03 Navigation Aide Permit
7.04 Posting of Signs Outside State Parks

8.00 Preparation and revision of the Statewide Comprehensive Outdoor Recreation
Plan and the Statewide comprehensive Historic Preservation Plan and other
plans for public access, ' recreation, historic preservation or related
purposes.

9.00 Recreation services program.

10.00 Urban Cultural Parks Program.

POWER AUTHORITY OF THE STATE OF NEW YORK

1. 00 -Acquisition, disposition, lease, grant of easement and other activities related
to the management of land under the jurisdiction of the Authority.

2. 00 Facilities construction, rehabilitation, expansion, or demolition.

NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION

1'.00 Corporation for Innovation Development Program.
2.00 Center for Advanced Technology Program.

DEPARTMENT OF SOCIAL SERVICES

rehabili ation, expansion, or demolition or the
L.00 Facilities- construction, it
funding of such activities.

/-.00 Homeless Housinq and Assistance Program.

3.00 Permit and approval programs-

3w-.01'Certificate of Incorporation (Adult Residential Care Facilities)
3.02 Operating Certificate (Children's services)
3.03 Operating Certificate (Enriched Housing Program)
3.04 Operating C ertif icate (Home f or Adults)
3.05 operating Certificate (Proprietary Home)
3.06 Operating Certificate (Public Home)
3.07 Operating Certificate (Special Care Home)
3.08 Permit to Operate a Day Care Center

VI-13

DEPARTMENT OF STATE

1.00 Appalachian Regional Development Program.

2.00 Coastal Management Program.

3.00 Community Services Block Grant Program.

4.00 Permit and approval programs:

4.01 Billiard Room License
4.02 Cemetery Operator
4.03 Uniform Fire Prevention and Building Code

STATE UNIVERSITY CONSTRUCTION FUND

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

STATE UNTVERSITY OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement or other activities related
to the management of land under the jurisdiction of the University.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

DIVISION OF SUBSTANCE ABUSE SERVICES

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding of such activities.

2.00 Permit and approval programs:

2.01 Certificate of Approval (Substance Abuse Services Program)

DEPARTMENT OF TRANSPORTATION

1.00 Acquisition, disposition, lease, grant of easement and other activities related
to the management of land under the jurisdiction of the Department.

2.00 Construction, rehabilitation, expansion, or demolition of facilities, including
but not limited to:

(a) Highways and parkways
(b) Bridges on the State highways system
(c) Highway and parkway maintenance facilities
(d) Barge canal
(e) Rail facilities

VI-14

3.00 Financial assistance /grant programs:
3.01 Funding prIograms for c'on.3 truction /recons tr uc tion and
reconditioning/preservation of municipal streets and. highways
(excluding routine maintenance and minor rehabilitation)

3.02 Funding programs for development of the ports of AIbany, Buffalo,
Oswego, Ogdensburg and New York.

3.03 Funding programs for rehabilitation and replacement of municipal
bridges

3
..J. 04 Subsidies program for marginal branchlines abandoned by Conrail

3.05 Subsidies program for passenger rail service

4.00 Permits and approval programs:

4.01 Approval of applications for airport improvements (construction
projects)
4.02 Approval of municipal applications for Section 18 Rural and Small
Urban Transit Assistance Grants (construction projects)
4.03 Approval of municipal or regional transportation authority applications
for funds for design, construction and rehdbilitation of omnibus
maintenance and storage facilities
4.04 Approval of municipal or regional transportation authority applications
for funds for design and construction of rapid transit facilities
4. 0 157 Certificate of Convenience and Necessity to Operate a Railroad
4.06 Highway Work Permits
T
4.07 icense to operate Major Petroleum Facilities
4.08 outdoor Advertising Permit (for off-pr&mises advertising signs
adjacent to interstate and primary highway)
4. 09 Permits for Use and occupancy of N.Y. State Canal Lands (except
Regional Permits 'ISnow Dumping])
4.10 Real Property Division Permit for Use of State-Owned Property

h
00 Preparation or revision oi t- e Statewide Master Plan for Transportation and
sub-area or special plans and studies related to the transportation needs of
the State.

Co 01 Water operation and Maintenance Program- -Activities related to the
containment of petroleum spills and development of an emergency oil-spill
control network.

URBAN DEVELOPMENT CORPORATION and its subsidiaries and affiliates

1. 00 Acquisition, disposition, lease, grant of easement or other activities related
to the management of land under the jurisdiction of the Corporation.

V17 15

2. 00 Planning, development, financing, construction, major renovation or
expansion of commercial, industrial, and civic facilities and the provision
of technical assistance or financing for such activities, including, but not
limited to, actions under its discretionary economic development programs.

DrVISION OF YOUTH

1.00 Facilities construction, rehabilitation, expansion, or demolition or the
funding or approval of such activities.

VI-16

2. Federal Agencies

DIRECT FEDERAL ACTIVITIES AND, DEVELOPMENT PROJECTS

DEPARTMENT OF COMMERCE

National Marine Fisheries Services

1.00 Fisheries Management Plans

DEPARTMENT OF DEFENSE

Army Corps of Engineers

1. 00 Proposed authorizations for dredging, channel improvements, break-waters,
other navigational works, or erosion control structures, beach
replenishment, dams or flood control works, ice management practices and
.activities, and other projects with potential to impact coastal lands and
waters.

2.00 Land acquisition for spoil disposal or other purposes.

3.00 Selection of open water disposal sites.

Army, Navy and Air Force

4.00 Location, design, and acquisition of new or expanded defense installations
(active or reserve status, including associated housing, transportation or
other facilities).

5. 00 Plans, procedures and facilities for landing or storage use zones.

6. 0 0 Establishment of impact, compatibility or restricted use zones.

DEPARTMENT OF ENERG

1.00 Prohibition orders.

GENERAL SERVICES ADMINISTRATION

1.00 Acquisition, location and design of proposed Federal Government property
or buildings, whether leased or owned by the Federal Government.

2.00 Disposition of Federal surplus lands and structures.

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

1.00 Management of National WIldlife refuges and propbsed acquisitions.

VI-17

National Park service

3.00 National Park and Seashore management and proposed acquisitions.

DEPARTMENT OF TRANSPORTATION

Amtrak, Conrail

1.00 Expansions, curtailments, new construction, upgrading. or abandonments or
railroad facilities or services, in or affecting the State's coastal area.

Coast Guard

2.00 Location and design, construction or enlargement of Coast Guard stations,
bases, and lighthouses.

3.00 Location, placement or removal of navigation devices which are not part of
the routine operations under the Aids to Navigation Program (ATON).

4.00 Expansion, abandonment, designation or anchorages, lightening areas or
shipping lanes and ice management practices and activities.

Federal Av-.ation Administration

5.00 Location and design, construction, maintenance, and demolition of Federal
aids to air navigation.

Federal Highway Administration

6.00 Highway construction.

St. Lawrence Seaway Development Corporation

7.00 Acquisition, location, design, improvement and construction of new and
existing facilities for the operation of the Seaway, including traffic safety,
traffic control and length of navigation season.

VI-18

FEDERAL LICENSES AND PERMITS'

DEPARTMENT OF DEFENSE

Army Corps of Engineers

1.00 Construction of dams, dikes or ditches across navigable waters, or
obstruction or alteration of navigable waters required under Sections 9 and
10 of the Rivers and Harbors Act of 1899 (33 U. S.C. 401, 403).

2.00 Establishment of harbor lines pursuant to Section 11 of the Rivers and
Harbors Act of 1899 (33 U.S'.C. 404, 405).

3.00 Occupation of seawall, bulkhead, jetty, dike, levee, wharf, pier, or other
work built by the U.S. pursuant to Section 14 of the Rivers and Harbors
Act of 1899 (33 U.S. C. 408).

4.00 Approval of plans for improvements made at private expense under USACE
supervision pursuant to the Rivers and Harbors Act of 1902 (33 U.S.C.
565).

5.00 Disposal of dredged spoils into the waters of the U.S pursuant to the
Clean Water Act, Section 404, (33 U.S.C. 1344).

6.00 All actions for which permits are required pursuant to Section 103 of the
Marine Protection, Research and sanctuaries Act of 1972 (33 U.S. C., 1413).

7.00 Construction of artificial islands and fixed structures in Long Island sound
pursuant to Section 4 (f ) of the River and Harbors Act of 1912 (33 U. S. C.)..

DEPARTMENT OF ENERGY

Economic Regulatory Commission

1. 00 Regulation of gas pipelines, and licensing of import or export of natural
gas pursuant to the Natural Gas Act (15 U. S. C. 717) and the Energy
Reorganization Act of 1974.

2. 00 Exemptions from prohibition orders.

Federal Energy Regulatory Commission

3.00 Licenses for non-Federal hydroelectric projects and primary transmission
lines under sections 3 (11), 4 (e) and 15 of the Federal Power Act (16 U. S. C.
796(11), 797(11) and 808).

4.00 Orders for interconnection of electric transmission facilities under Section
2102(b) of the Federal Power Act (15 U.S.C. 824a(b)).

VI-19

5.00 Certificates for the construction and operation of interstate natural gas
pipeline facilities, including both pipelines and terminal facilities under
Section 7(c) of the Natural Gas Act (15 U.S.C. 717f(ci).

6.00 Permission and approval for the abandonment of natural gas pipeline
facilities under Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)).

ENVIRONMENTAL PROTECTION AGENCY

1.00 NPDES permits and other permits for Federal installations, discharges in
contiguous zones and ocean waters, sludge runoff and aquaculture permits
pursuant to Section 401, 402, 403, 405, and 318 of the Federal Water
Pollution Control Act of 1972 (33 U.S.C. 1341, 1342, 1343, and 1328).

2.00 Permits pursuant to the Resources Recovery and Conservation Act of 1976.

3.00 Permits pursuant to the underground injection control program under
Section 1424 of the Safe water Drinking Water Act (42 U.S.C. 300h-c).

4.00 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1357).

DEPARTMENT OF INTERIOR

Fish and Wildlife Services

1.00 Endangered species permits pursuant to the Endangered species Act (16
U.S.C. 153(a)).

Mineral Management Service

2.00 Permits to drill, rights of use and easements for construction and
maintenance of pipelines, gathering and flow lines and associated structures
pursuant to 43 U. S.C. 1334, exploration and development plans, and any
other permits or authorizations granted for activities described in detail in
OCS exploration, development, and production plans.

3.00 Permits required for pipelines crossing federal lands, including OCS lands,
and associated activities pursuant to the OCS Lands Act (43 U.S.C. 1334)
and 43 U. S. C. 931 (c) and 20 U. S. C. 185.

INTERSTATE COMMERCE COMMISSION

1. 00 Authority to abandon railway lines (to the extent that the abandonment
involves removal of trackage and disposition of right-of -way); authority to
construct railroads; authority to construct coal slurry pipelines.

NUCLEAR REGULATORY COMMISSION

1. 00 Licensing and certification of the siting, construction and operation of
nuclear power plans pursuant to Atomic Energy Act of 1954, Title II of the

VI-20

Energy Reorganization Act Of 1974 and the National Environmental Policy
Act of 1969.

DEPARTMENT OF TRA_NSPORTATION

Coast Guard

1.00 Construction or modification of bridges, causeways or pipelines over
navigable waters pursuant to 49 U.S.C. 1455.

2.00 Permits for Deepwater Ports pursuant to the Deepwater Ports Act of 1974
(33 U.S.C. 1501).

Federal Aviation Administration

3.00 Permits and licenses for construction, operation or alteration of airports.

VI-21

FEDERAL ASSISTANCE*

DEPARTMSNT OF AGRIgULTURE

10.068 Rural clean Water Program
10.409 Irrigation, Drainage, and Other Soil and Water Conservation Loans
10.410 Low to Moderate income Housing Loans
10.411 Rural Housing Site Loans
10.413 Recreation Facility Loans
10.414 Resource Conservation and Development Loans
10.415 Rural Renting Housing Loans
10.416 Soil and Water Loans
10.418 water and Waste Disposal Systenis for Rural Communities
10.422 Business and Industrial Loans
10.424 Industrial Development Grants
10-426 Area Development Assistance Planning Grants
10.429 Above Moderate Income Housing Loans
10.430 Energy Impacted Aroa Development Assistance Program
10.901 Resource Conservation and Development
10. 9021 Soil and Water Conservation
10.904 Watershed Protection and Flood Prevention
10.906 River Easin Surveys and Investigations

DEPARTMENT OF COM4ERCE

11.300 Economic Development - Grants and Loans for Public Works and
Development Facilities
11. 301 Economic Development - Business Development Assistance
11. 302 Economic Development - Support for Planning Organizations
11.304 Economic Development - State and Local Economic Development
Planning
11.305 Economic Development - State and Local Economic Development
Planning
11.307 Special Economic Development and Adjustment Assistance Program
Long Term Economic Deterioration
11.308 Grants to States for supplemental and Basic Fundilig of Titles I,
II, III, IV, and V Activities
11.405 Anadromous and Great Lakes Fisheries Conservation
11.407 Commercial Fisheries Research and Development
11.417 Sea Grant Support
il. 427 Fisheries Development and Utilization - Research and Demonstra-
tion Grants and Cooperative Agreements Program
11. 501 Development and Promotion of Ports and Intermodel Transportation
11 . 5 T9 Development and Promotion of Domestic Waterborne Transport Systems

DEPARTMENT OF-HOUSING AND URBAN DEVELOPMENT

i4.il--, Mortgage Tnsurance - Constructiorl or Substantial Rehabilitation
.L
of Condominium Projects
14.1.15 Mortgage insurance - Development of Sales Type Cooperative Projects
14.117 Mortgage Insurance - Homes

VI-22

14.124 Mortgage Insurance - Investor Sponsored Cooperative Housing
14.125 Mortgage Insurance - Land Developiacnt and New Communitiec;
it 14.126 Mortgage Insurance - Management Type Cooperative. Projects
14.127 Mortgage Insurance - Mobile Home Parks
14.218 Community Development Block Grants/Entitlement Grants
14.219 Community Development Block Grants/Small Cities Program
14.221 Urban Development Action Grants
14.2213 Indian Community Development Block, Grant Program

DEPARTMENT OF INTERIOR

15.400 Outdoor Recreation - Acquisition, Development and Planning
15.402 Outdoor Recreation - Technical Assistance
15.403 Disposal of Federal surplus Real Property for Parks, Refteaton,
and Historic Monuments
15.411 Historic Preservation Grants-in-Aid
15.417 Urban Park and Recreation Re-covery Program
15.600 Anadromous Fish Conservation
15.605 Fish Restoration
15.611 Wildlife Restoration
15.613 - Marine Mammal Grant Program
15. 8012 Minerals Discovery Loan Program
15.950 National Water Research and Development Program
15.951 Water Resources Research and Technology - Assistance to State
Institutes
15. 9 52 Water Research and Technology - Matching Funds to State Institutes

DEPARTMENT 0 TRANSPORTATION

20.102 Airport Development Aid Program
210. 103 Airport Planning Grant Program
20.205 Highway Research, Planning, and Construction
4,0. 309 Railroad Rehabilitation and Improvement - Guarantee of obligations
210. 310 Railroad Rehabilitation and Improvement - Redeemable Preference
Shares
210. 506 Urban Mass Transportation Demonstration Grants
1210. 509 Public Transportation for Rural and Small Urban Areas

GENERAL SERVICES ADMINISTRATION

39.002 Disposal of Federal surplus Real Property

COMMUNITY SERVICES ADMINISTRATION

4 9. 0 02 Community Action
49.011 Community Economic Development
49.013 State Economic opportunity offices
49.017 Rural Development Loan Fund
49.018 Housing and community Development (Rural Housing)

VI-23

SMALL BUSINESS ADMINISTRATION

59.012 Small Business Loans
59.013 State and Local Development Company Loans
59.024 Water Pollution control Loans
59.025 Air Pollution Control Loans
59.031 Small Business Pollution Control Financing Guarantee

ENVIRONMENTAL PROTECTION AGENCY

66.001 Air Pollution Control Program Grants
66.418 Construction Grants for Wastewater Treatment Works
66.426 Water Pollution Control - State and Area-wide Water Quality
Management Planning Agency
66.451 Solid and Hazardous Waste Management Program Support Grants
66.452 Solid Waste Management Demonstration Grants
66.600 Environmental Protection Consolidated Grants Program Support
Comprehensive Environmental Response, Compensation and Liability
(Super Fund)

NOTE: numbers refer to the Catalog of Federal Domestic Assistence Programs, ages and its two subsequent updates.

VI-24

B. FEDERAL AND STATE ACTIONS AND PROGRAMS NECESSARY TO YURTHER
THE LWIRP.

1. Federal Actions and Proctrams Necessary to Further the LW_RP

a. EnvirmMental Protection Agenc

Immediate implementation of the "action plan" to carry out the
recommendations of the Niaciara River Toxic Plan as prepared in 1984
by the USEPA, Environment Canada, ITYSDEC, and Ontario Ministry
of the Environment.

2. State Actions and Procirams Necessary to Further the LWRP

Reference should be made to Figure 30 in Section V for a listing of local projects
and the correlating State funding agency. These State funding actions are all
necessary to further the LWRP. Other necessary State actions are as follows-

a. Department of Environmental Conservation

Reclassification of the unnamed intermittent stream in the southern
section of the Village from a I'D" to a IIBII classification.

b. office of Parks. Recreation, and Historic Preservation

Administrative personnel from the Niagara Frontier State Parks and
Recreation commission should work cooperatively with the Village and
proposed Business Association. Promotion of Village services, retail outlets,
and restaurants should be carried out by the Commission through
distribution of promotional literature at the park entrances, notification of
tour bus operators about the eating areas in Youngstown, etc. A
representative from the Commission should also actively participate as a
member of the Business Association.

c . office of General services

Prior to any development occurring in the water or on'the immediate
waterfront, OGS should be consulted for a determination of the State's
interest in underwater or formerly underwater lands and for authori-
zation to use and occupy these lands.

VI-25

SECTION VII
0
CONSULTATION WITH OTHER AFFECTED

FEDERAL, STATE, REGIONAL, AND LOCAL AGENCIES

DESCRIPTION OF CONSULTATION ACTIVITIES

The Village has undertaken a variety of methods to insure that all affected
government units and agencies have been involved or m-ade awar--@ of the LWRP
process. Such methods are described in the following paragraphs.

A. EARLY. NOTIFICATION

In July, 1987 the Village initiated the State Environmental Quality Review
process for the LWRP. Through various maillings associated with SEQR, the
following agencies obtained a very early notification of the Village's
waterfront planning efforts.

1 . New York State Department of Environmental Conservation (NYSDEC)
- Albany and Buffalo office

2. New York State Department of State

Niagara Frontier State Parks and Recreation Commission

4. New York State Clearinghouse

U.S. Army I-orps of Engineers
I.,

Niagara County Department of Planning and industrial Development

7. Erie and Niagara Counties Regional Planning Board

8. Town of Porter

9. Town of Lewiston

B. INFORMATION EXCHANGE

An important element of the planning process was the exchange of
material/data from other government units having some role in actions along
the Village of Youngstown shoreline. The instances where such information
was exchanged are listed below.

1. Mr. Warren Lavery NYSDEC re, Stream Classification 6/16/87

2. Mr. Georae Sutton NYSDEC re: Stream Classification 6/16/87

Niagara Frontier Transportation Committee - re:
Mr. Tim Trabold
Road Classification 6/16/87

4. Mr. Chuck Florence - NYSOPR re: Archaeological Resources 6/24/87
and 7/7/87.

5. Ms. Lucy Breyer - NYSOPR re: Historic 'Resources - 6/29/27 and
40 7/19/87. VII-3

6. Mr. Roman Racozi - NYSDEC re: Bluff Protection 6/30/ 87

7. Mr. Len Skrill - NYS Division of Housing and Community Renewal re:
Commercial Loan Programs 7/7/87

8. Mr. John Merino - Niagara Falls Neighborhood Housing Services re:
Commercial Facade Program 7/7/87

9. Me. Bonnie Pfieffer - Village of Lewiston re: Historic Preservation
ordinance 7/7/87

10. Mr. Paul Knab - NYSDOT - re: State Highways 7/7/87

11. Mr. Don Smith - Niagara County Department of Public Works - re:
County Highways 7/13/87

12. Mr. Michael Tillman - Niagara County Soil and Water Conservation
District re: Drainage 7/19/87

13. Mr. Bill Morton - NYSDEC re: Water Resources 7/87

14. Mr. Greg Sutton - NYSDEC re: Sewerage System 8/13/87

15. Mr. Richard Boos - New York State Department of State re: Zoning
9/87

C. REVIEW OF DRAFT LWRP BY STATE, FEDERAL, AND LOCAL AGENC F

The Draft LWRP (with Draft EIS) was reviewed and approved by the Village Board
and forwarded to the NYS Department of State (DOS). The DOS then initiated a
60-day review of the Draft LWRP/DEIS pursuant to the Waterfront Revitalization
and Coastal Resources Act and State Environmental Quality Review Act. Copies
of the Draft LWRP and DEIS were distributed by DOS,to all potentially affected
State and Federal agencies, Niagara county, adjacent waterfront municipalities,
and the Erie and Niagara Counties Regional Planning Board. Comments received
on the Draft LWRP/DEIS were reviewed by DOS and the village and resultant
changes were made to the LWRP, which are detailed in the Filial Environmental
Impact Statement.

VII-4

SECTION VIII
0 ACTIVITIES TO SECURE LOCAL COMMITMENT

As YOVNGSTOWN WATERFRONT ADVISORY COMETTEE (YWAC)
The eleven member YWAC was created by the Youngstcwn Village Board of
Trustees on July 30, 1986 to represent the diverse interests of the community in
coastal planning. It includes members of the Village Board, Planning Board,
Zoning Board of Appeals and Youngstown Yacht Club; representatives of local and
area marine and fishing interests; Village merchants which depend on waterfront
tourism/ activity; and residents with an understanding of village history and
development. it also includes members of the Niagara Frontier State Parks and
Recreation Commission and Niagara River Angler's Association in an advisory
capacity for special coastal issues.

The YWAC operates by consensus and advises the Village Board on LWRP
acceptance. Their principle responsibilities are to review/revise LWRP elements,
develop policy recommendations regarding future development in 'cooperation with
the Planning Board, and the education, as well as the dissemination of information,
about the LWRP to Village officials and the general public. The Committee
provides a local forum for the expression of ideas and the establishment' of
objectives to guide future development in the Village.

During the development of the LWRP, the committee convened monthly and held
two public meetings'to solicit community input. The two meetings were held at the
initial stage of program development and following completion of a draft report.
This provided an opportunity for both early comment on LWRF issues and overall
reaction to those methods proposed to improve the Village environment.

B . BOALRD OF TRUSTEES

As noted in the previous sub-section, the Board of Trustees was represented by
two members on the Waterfront Advisory Committee.

In addition, the Mayor attended numerous Committee meetings and the public
sessions. This provided the Board with an understanding of the LWRP process
and insured a smooth transition into the approval stage.

Finally, the draft LWRP was formally presented to the Board at one of their
regularly scheduled meetings

VIII-3

ATTACHMENT A
0 ZONING ORDINANCE AMENDMENTS

A. Amend Article I, section 1-11 of the Zoning law of thev-dage of Youngstown
by deleting the Restricted Commercial District, and by adding the following
new zoning districts:

W Waterfront District
WCI Waterfront Commercial District I
WC2 Waterfront Commercial District 2
B Bluff Overlay District .

All other references to the Restricted Commercial District within the Village
Zoninq Law is hereby deleted.

B. Amend Article I, Section 1-14" of the Zoning Law of the Village of
Youngstown by inclusion of a new zoning map incorporating the Waterfront
District, Waterfront Commercial District; Waterfront and Commercial 2 and.
Bluff Overlay District by reference. A revised zoning map is attached to
this local law.

C. Amend Article II, Section 2-04 of the Zoning Law of the Village of
Youngstown by adding a new line as follows:

P. 11 Restaurant: Fast Food, but not on a lot where a side lot abuts a lot in
a R District.

D. Amend Article II, Section 2-20 of the Zoning Law of the village of
Youngstown by adding the following sentence. Said sentence shall be added
to the last paragraph within the Section.
"Regulations pertinent to the W, WCI, WC2 and B Districts are contained in
Sections 2-60, 2-70, and 2-80 of this Article.

E. Amend Article II, Section 2-40 of the Village of Youngstown Zoning Law by
adding the underlined phrase Section 2-40.

2-40 Height Modifications

For all districts with the exception of the Waterfront District an
Waterfront Commercial Di@trict and Waterfront Commercial 2 District
the height, limitations of this ordinance shall not apply to:

a. Chimneys, flues, spires or belfries.

b. Elevator or stair bulkheads, roof water tanks or cooling towers
(including enclosures); provided that such structures, in the
aggregate, do not occupy more than 10 percent of the roof area.

C. Flag poles, radio or television antennae, masts or aerials,
located on a building and extending not more than 20 feet above
the roof of such building.

F. Amend Article, II of the Zoning Law of the Village of Youngstown by adding
a new section 2-60, 2-70, and 2-80. The new section sshall be -------id as
f ollows:

A-3

2-60 WATEPFRONT DISTRICT

2-61 Purpose

The Niagara River shoreline has always played an important role in
shaping the image of the Village and its economic as well as
recreational base. This is especially true in the Water Street area
where boating activities and water based recreation uses are
concentrated.

Due to the limited land area available for uses which are dependent on
a waterfront location it is important to designate the Waterfront
District for such uses.

In addition, site plan review procedures have been designed to ensure
that the specific details of waterfront development are thoroughly
considered; that the environmental quality of the area is preserved;
and that development is consistent with the Village's Local waterfront
Revitalization Program (LWRP).

2-62 Permitted uses in the WD District

A. Boat launches, lifts, bulkheads
B . Flood and erosion protection structures
C . Public recreation,
D. Fishing docks
E. Marine Service, repair, and rental facilities
F. Private boat house
G. Yacht clubs
H. Marinas
I. Boat storage buildings
J. Accessory facilities to permitted uses including but not limited
to restaurants, parking area for five or less cars, outdoor
restroom, pool, snack bars and wall signs.

2-63 An approved site plan as described in Section 5-10 of this
ordinance shall be required for an 'y new use, addition or exterior
alterations to those uses listed in Section 2-042C which meet or
exceeds one or more of the following thresholds.

1. The activity requires at least five (5) parking spaces or loading
docks, or any combination thereof which totals five
(5) spaces
or docks.

2. The activity increases the gross floor area, developed land
areas, or any combination thereof by 25% or more.

3. The activity has a monetary value that is 10% more of t he f ull'
value assessment of the property being improved.

A-4

2-64 Uses Existing Withing The Waterfront District On the Date of The
Local Law Establishing Said District.

A. Uses which fall within the use categories listed in Sections 2-62, and
which existed on the date of the local law establishing the Waterfront
District do not require an approved site plan to continue.

B. Uses existing on the date of thelocal law estab lishing the Waterfront
District which do not fall within the use categories listed in Sections
2-62 shall be non-conforming and subject to provisions of Article IV
of the Zoning ordinance.

2-65 Desion Standards For Waterfront District

A. The height of buildings shall not exceed three stories.

B. off street parking shall be provided as required in Article III of the
Zoning ordinance and as regulated in Sections .2-62, Article II of this
ordinance.

C. Billboards, ground signs, roof signs, and projecting signs are
prohibited -

D. All :3igns shall be integrated with the structure, its style, design, and
architectural elements.

E. Neon signs and any other signs displaying flashing or visible moving
elements are prohibited .

F. one wall sign shall be permitted on each wall for each non-residential
use in a structure

G. Wall signs shall not project more than twelve inches from the wall to
which they are affixed.

H. Wall signs shall not extend above or beyond the waU in any direction
and shall not extend above the bottom of the sill of second story
windows or 15 feet above grade level.

I. Allowable total square footage of all sign a.reas.shall not exceed 50% of
the street frontage of the particular use said sign is. affixed to.

J. While recognizing the small nature of the lots in the Waterfront
District, new development, additions, or exterior alterations to
existing development shall make efforts to incorporate landscaping into
any improvements This shall include buffering, parking areas,
outdoor storage sites, and loading/unloading areas from public view.

K. New development shall be consistent with the maritime theme of the
area, recognize the vehicle/parking limitations of the district by not
overburdening Water street with new traffic and/or creating excessive
parking areas, and respect the scenic nature of the district by not
blocking views seen from the Constitution Park bluff and Waterfront
Park or introducing distractive building elements such- as garish

A-5

signs, or use of color schemes that are clearly out of character with
the area.

L. Lighting shall be restrained in design and excessive brightness
avoided.

M. Newly installed utility services, and service revisions necessitated by
exterior alterations or additions,shall be underground.

N. Construction of erosion protection structures shall incorporate the
following standards:

(1) All erosion protection structures shall be designed and
constructed according to generally accepted engineering
principles, which have demonstrated success or a likelihood of
success in controlling long-term erosion. The protective
measure must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years. Non
Structural methods of erosion control shall however be given
primary consideration .

(2) All material used in such sttuctures shall be durable and
capable of withstanding inundation, Wave impacts, weathering,
and other effects of storm conditions.

(3) The construction, modification or restoration of erosion
protection structures shall not be likely to cause any measurable
increase in erosion at the development site or other locations
and prevent adverse effects to natural protective features, and
existing erosion protection structures,

0. All other design requirements shall be determined during the site plan
review process.

2-70 WATERFRONT COMMERCIAL 1 DISTRICT

21-71 Purpose

The existence of a significant natural feature such as the bluff along the
Niagara River provides tremendous opportunities for public enjoyment of the
harbor vista. The economic well being of the commercial corridor along main
Street is also linked to, the protection of the vistas and bluff area. Those
commercial uses which can maximize their location on the bluff by creating
scenic vistas as part of the site design will increase retail activity along Main
Street. This will have a spill over economic impact onto the establishments
on the east side of the street as well.

Due to the proximity of the Main Street corridor to the boating activity at
the River and adjacent State Parks it is a natural draw for tourists, boaters,
fishermen, and other recreational enthusiasts. It is important that good site
planning occur on Main Street to create an attractive shopping environment.
'Phis is given further importance due to the many older structures present
along Mail-, Street which lend a historic flavor to the area. Main Street also
serves as a gateway to Fort Niagara State Park and therefore requires-

A-6

sensitive treatment to insure that a welcome environment is conveyed to park
visitors wishing to stop in the Village to eat or shop.

It is also important to give priority to commercial uses which can utilize a
bluff location to increase sales and pedestrian traffic along Main Street.

'2' 7 2Permitted Uses In the WC1 Distric

A. Restaurants
B. Ships Supply
C. Boutiques
D. Craft Studios
E. Professional Offices; except on the first floor of the building
F. Residential Use; except on the first floor of building
G. Village Inn
.H. Parking as may be required under this ordinance or any other Village
Ordinance or Local Law
I. Parkland
J. Antique Shops
K. Accessory Uses which are incidental to the above uses.

Z-73 Site Plan Review

An approved site plan as described in Section 15-10 of this local law shall be
required for any new development, additions, or exterior alterations to those
uses listed in Section 2-72 which exceeds one or more of the thresholds
listed in Section 42-63.

2-74 Uses Existing WithiLi the Waterfront Commerclal 1 Districts On the
Date of the Local Law EstablishincT Said Distric

A. Uses which fall within the use categories listed in Sections 21-72 do
not require an approved site plan to continue.

B. Uses existing on the date of the local law establishing the Waterfront
Commercial 1 District which do not fall within the use categories listed
in Sections 2-72 or shall be non-conforming and subject to provisions
of Article IV of the Zoning ordinance.

-)-75 Design Standards for Waterfront Commercial 1 District

A. See design guidelines for Waterfront District - Section 2-65.

B. Facade improvements shall be consistent with the generally brick,
wood frame, stonework, and clapboard siding features characteristic
of the area.

C. The gross floor area for restaurants, boutiques, antique shops and
professional and craft studios shall not exceed 4,000 square feet.

D. The massing and bulk of any new construction should be in harmony
with adjacent buildings. The relationship of width to height of new
structures shall be consistent with the ratio of the adjacent
structures.

A-7

E color choice of new construction should be influenced by the
surrounding development. The culor of the new structure should not
make it stand out.

F. Where building sites'limit planting, the placement of trees in parking
lots or other paved areas is encouraged.

2-76 Harborfront Vista Incentives

A. The Waterfront Commercial I District is dn the west side of Main Street
and the Board of Trustees may permit an additional story to the
building height, or the maximum gross floor area for commercial uses
may be increased up to a maximum of 5, 000 square feet if the site Plan
or gxisting use currently Includes one or more of the following:

1. Construction of an outdoor eating area overlooking the harbor
which is open to the general public and provides a minimum
eating capacity for fifteen (15) individuals.

2. Interior floor plan for commercial uses or restaurants is
designed in a manner which maximizes the harbor vista through
large, picture windows that cover a minimum of 60% of the
building wall facing the harbor.

3. Construction of an outdoor retail area overlooking the harbor.

4. Construction of a small -public viewing area on the lot which
provides good vistas of the harbor and which is open to the
general public. such area must be a minimum of 200 feet.

WATERFRONT COMMERCIAL 2 DISTRICT

Purpose

The economic well being of the commercial corridor along Main Street is
linked to the protection of the vistas and bluff area aling the Niagara River.
Those commercial uses which'can maximize their location on the bluff by
creating scenic vistas as part of the site design will increase retail activity
along Main Street. This will have a spill over economic impact onto the
establishments on the east side of the street as well where the Waterfront
Commercial 2 District is located.

Due to the proximity of the Main Street Corridor to the boating activity at
the River and adjacent state Parks it is a natural draw for tourists, boaters,
fishermen, and other recreational enthusiasts'. 'If is important that good site
planning occur on Main Street to create an attractive shopping environment.
This is given further importance due to the many older structures present
along Main Street whihc lend a historic flavor to the area. Main Street also
serves as a gateway to Port Niagara state Park and therefore requires
sensitive treatment to insure that a welcome environment is conveyed to Park
visitors wishing to stop in the Village to eat or shop.

A-8

Permitted Mies in the WC2 District

A. Drug Stores
B. Convenient Food Stores
C. All uses listed in the waterfront Commercial 1 District
D. Accessory uses to drug stores and convenient food st6res
E. Bait/Tackle Shops

Site Plan Revi!l

An approved site plan as described in Section 5-10 of this local law shall be
required for any new development, idditions, or exterior alterations to those
uses listed in Section 2-- and 2-72 which exceeds one or more of the
thresholds listed in Section 2-63.

Uses Existinci Within the Waterfront Commercial 2 District On the
Date of the Local Law Establishing Said District

A. Uses which fall within the use categories listed in Sections 2-72 and
do not require an approved site pla.i to continue.

B. Uses existing on the date of the local law establishing the Waterfront
Commercial 2 District which du not fall within the use categories listed
in Sections 2-72 or shall be non-conforming and subject to provisions
of Article IV of the Zoning ordinance.

Design StandMds for Waterfront Commercial.2 Distric

A. see design guidelines for Waterfront District - Section 2-65.

B Facade improvements shall be consistent with the generally brick,
wood frame, stonework, and clapboard siding features characteristic
of the area.

C. The gross floor area for restaurants, boutiques, antique shops and
professional and craft studios shall not exceed 4,000 square feet.

D. The massing and bulk of any new construction should be in harmony
with adjacent buildings. The relationship of width to height of new
structures shall be consistent with. the ratio of the adjacent
structures.

E. Color choice of new construction should be influenced by the
surrounding development. The color of the new structure should not
make it stand out.

F. Where building sites limit planting, the placement of trees in parking
lots or other paved areas is encouraged.

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2-80 WATERFRONT BLUFF OVERLAY DISTRICT

2-81 Purpose

The -most prominent natural feature within the Village is the steep
bluff along the Niagara River shoreline. It provides numerous scenic
vistas overlooking the harl@or as well as Ontario, Canada and thus has
significant value to Village residents residing, doing business, or
recreating along the bluff area. The steep slope also provides erosion
protection for property located atop the bluff. such areas are prone
to erosion which - can be caused by the action of currents running
along the shore, waves, and wind driven water and,lice, as wen as
runoff of rain water, groundwater seepage and construction activities.
The bluff protects shoreland and waterfront development by absorbing
the often destructive energy of open water.

Preservation of the bluff is also important- to protect the public safety
and property interests along the west side of Main Street and Water
Street. Construction on the bluff can cause soil slippage thereby
endangering existing structures and the health and welfare of
pedestrians along the bluff Is base.

2-82 Map

The location and boundaries of the Waterfront Bluff overlay District
shall be delineated on an official Zoning Map on file in the Village
Clerk's Office.

The. bluff extends west of Main Street beginning at the south
corporate limit with the Town of Porter and extends north to the north
boundary @of the R-15 zoning district west of Main Street. This'isjust
south of the Villa Apartinnts. The waterward limit of a bluff is'its;
intersection with a land area having a slope of 6% or less. 'Where no
such land area exists the waterward limit is mean high water. The
landward limit of the bluff is 10 feet east of the bluffs receding edge
with the exception of the portion of the bluff between the north and
south intersection of Water Street and Main Street. In said district
the landward limit shal1be the bluffs receding edge.

Where the Waterfront Bluff overlay District overlays any primary
zoning district delineated on the Official Zoning Map of the Village of
Youngstown, the requirements of the overlay district shall be met in
addition to any requirements specified for development in the
respective primary zoning district.

2-83 A,11owed Activities

Activities allowed in the Waterfront Bluff Overlay District are those
listed within the primary zoning district which the B District overlays.

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2-84 Design gtandards For Activities within the Waterfront Bluff
Ove lay District

a. Activities shall retain natural vegetation and trees to the maximum
extent practicable in order to create the least erosion potential and
handle adequately the volume and rate of velocity of surface run-
off, and to screen the bluff face and provide a natural appearance to
the Village's shorefront.

b. Disturbed soils shall be stabilized and revegetated or seeded as soon
as practicable following construction.

C. In no case shall stormwater be diverted to another property either
during site preparation or after development.

d. Trails and walking paths shall be sited and constructed so they are
not a source of sediment.

e. Erosion protection structures shall be constructed to minimize
downstream impacts and shall not increase off site flooding or erosion.

f. Activities shall be sited in such a manner so as not to block existing
views off Main Street and where possible increase viewing
opportunities for pedestrians on nearby public spaces.

g. Activities shall be designed and sited in a manner which promotes
attractive views of the natural and built environment as seen from the
slope base and Niagara River.

h. Activities shall be sited in an unobtrusive manner in terms of scale,
height, colors, and location so as to blend in with the natural
landscape and maintain the existing views of the bluff as seen from the
Niagara River.

i. Erosion control structure design standards are defined in Section 2-
65, paragraph N

j. Construction shall only occur on soils which contain adequate load
bearing capacities as determined by the village Engineer, and
generally accepted engineering standards;-

k. With the exception of stairways, erosion protection structures, and
minor structures, construction shall not be permitted on land having
an average slope of 40% or greater. The average shall be determined
by using slope calculations taken at 10 foot intervals within the
proposed land area.

G. Amend Article III, Section 3-00 of the Zoning Law of the Village of
Youngstown by adding the following underlined words to paragraph (c) of
sub-section 3-01 Dwellings "(C) Tourist home, hotel, motel, rooming or
lodging house, Village Inn".

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H. Amend Article III of the Zoning Law of the Village of Youngstown by adding
the following underlined items.

3-312 Group Facilities

In any C, W or WC I or WC2 District, required off-street parking spaces may
be provided in group parking facilities designed to serve two or more
buildings or uses on different lots, provided that:

(a) The total parking spaces in such group facility shall not be less than
the sum of the requirements for the various uses computed separately,
and

(b) All required parking spaces shall be not more than 6.00 feet from the
boundary of the lot on which such buildings or uses are located.

I . Amend Article VIII of the Zoning Law of the Village of Youngstown by
adding the f ollowing definitions.

39. story - That portion of a building between the surf ac 'e of any finished
floor and the surface of the finished floor next above it, or if there
is no floor above it, then the space between any floor and the. ceiling
next above it. The following shall not be deemed a story:

a) A basement or cellar if the finished floor level directly above is
not more than six feet above the average adjoining elevation of
finished grade.

b) Any attic or similar space under a gable or roof in which the
exterior roof line is not more than four feet above the Ooor of
such space.

53. Local Waterfront Revitalization Progrgam. (LWRP) - The-local program
to implement the New York Coastal Management Program within the
Village as approved by the secretary of State. pursuant to the
Waterfront Revitalization and Coastal Resources Act of 1981.

54. Bluff - See Article II, Section 2-62 of this ordinance..

55. Villacre Inn - A building in which at least three but,n'ot more than
twelve rooms are offered for rent to tourists or overnight guests.
other rooms typically found in residential homes such as living room
and kitchens are often included within the Inn for shared use by Inn
guests. Restaurants- facilities may or not be incorporated into the
building.

56. Restaurant:- - Fast Food - An establishment where food and/cr
beverages are sold in a form ready for consumption and where, by
design or packaging techniques, all or a- significant portion of the
consumption can or does take place outside the confined of the
building, often in a motor vehicle on the site.

57. Restaurant - An establishement where food and beverages are
prepared, served and intended to be consumed within the principal

A-12

building or outside patio and where such food and beverages are not
primarily packaged for removal by the customer.

58. Ships SuDRIV - A small retail store specializing in accessory items for
use on recreational watercraft. Such items might include life
preservers, compasses, maps, and similar materials. Replacement
equipment for engine parts and the body, of the watercraft are not sold
in these estabhshements.

59. Boutigues - A small retail establishment :specializing in fashionable
clothing and accesories, or gifts.

60. Convenient Food Stores - A small retail establishment which sells a
limited supply of food and drink items, contains @ a"maximum of two (2)
checkout areas, and does not provide grocery carts for customer use.

61. Developed Land Area - Land which is occupied by either structures,
parking lots, outdoor storage areas, 'Landscaped improvements,
recreation areas, or any combination thereof.

62. Minor Structure - small structures, usually accessory to a principal
use, which either have no foundations or are supported by posts.
Said posts shall not exceed a 1411 circumference and the distance
between the lowest ground elevation and supporting structure shall
not exceed 3 feet. Examples of minor structures include decks,
cabanas, and patios.

63. Signs

(a) Ground Sign Those signs which are affixed to the ground
and not attached to a building.

(b) Roof Sign - a sign which is erected, constructed, or
maintained on, partly above or as part of the roof of any
building.

(c) Projecting Sigh - Sign which is affi-xed@ to an exterior wall
of the structure extending in a perpendicular direction.

(d) WaU Sign - A sign which- is affixed to an exterior wall of
a structure.

64. Boathouse - A structure built partly'over water for the housing or
storing of a maximum of two recreational boats, with accommodations
for gear or general storage.

Amend Article V of the Zoning Law of the Village of Youngstown by adding
a new section 5-10 as follows:

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5-10 SITE PLAN REVIEW

5-11 Site Plan Submittal

A site plan must be submitted for all:

A. Residential Developments which contain (3) or more dwelling units.
However, any residential development which requires the subdivision
of land or which is proposed for construction within a previously
approved subdivision pursuant to the Village of Youngstown
subdivision regulations does not require a site plan.

B . New business or commercial development or exterior alteration to
existing business, commercial or industrial establishments which meet
or exceeds one or more of the following thresholds.

(1) The gross floor area, developed land area, or any
combination thereof increases by 25% or more.

Five or more parking spaces or loading doc@ s or any
combination thereof which totals, five ( 5) spaces or docks.

(3) The value of the land and building improvements meets or
exceeds $10,000.

C. New development, additions to any existing use, or exterior
alterations in the Waterfront Commercial 1 District or Waterfront
Commercial 2 District, or Waterfront District which exceeds one or
more of the thresholds listed in section 5-11(B).

D. New development, or additions to any existing use within the Bluff
Overlay District except for minor structures, walkways, stairways,
and small sheds to store boating supplies nor to exceed 75 square feet
in gross floor area.

5-12 S e Plan - RecTuired Information

The content of the site plan shall b '6 approved by the building Inspector.
prior to filing. The approved submission shall be filed with the Village
Clerk who, upon payment of the required fees, shall transmit it to the
Building Inspector for distribution to officials and agencies as he may deem
appropriate for their review, report and recommendation. unless otherwise
noted, the site plan shall include the following information prepared by a
licensed Engineer, Architect, Landscape Architect, Surveyor or Attorney
as appropriate. The number of copies shall be determined by. the Building
Inspector.

A. Title of drawing, including name of development, name and address
of applicant and person who prepared the drawing.

B. North point, scale and date.

C. A survey plotted to scale of the proposed development including its
acreage and a legal description thereof.

A-14

D The location and names of existing and proposed streets and sidewalks
immediately adjoining and within the proposed site.

E . Layout, 'number and dimension of lots.

F . Location, proposed use, height and floor plan of all non-residential
and all residential structures containing three (3) or more dwelling
units, location of all parking, loading and stacking areas with access
drives..

* . Location and proposed development of all open spaces including parks,
playgrounds, and open reservations.

* . Existing and proposed water courses and direction of flow.

I. Topographic map and drainage plan showing existing and finished
grades, engineering calculations and the impact on the surrounding
area. slope calculations at 10 foot intervals, for existing grades,
shall be provided for proposed development within the Bluff Overlay
District.

J . Water supply plan including location of fire hydrants.

K . Paving, including typical cross sections and profiles of proposed
streets, pedestrian walkways, bikeways and parking lots.

L . sewerage disposal plans.

M. A landscape plan indicating location, type and size of existing trees,
and vegetation, identifying those to be preserved; and location, type
and size of trees, vegetation and other amenities to be provided.

N Location and design of lighting facilities, fences, walls and signs.

0. Location, and, dimension of all signs.

P. Proposed easements, restrictions, covenants and provisions for
homeowners association and common ownership, if required.

Q. Land and building improvement cost.

R. Upon the request of the Board of Trustees the applicant shall prepare
and submit, to the satisfaction of the Board, a market feasibility study
for the proposed use. Said study shall be prepared by a professional
market consultant with experience in development economics.

Upon the request of the Board of Trustees, the applicant shall
prepare and submit, to the satisfaction of the Board, soil boring
information especially for those activities proposed within the Bluff
Overlay District.

A-15

13 Site Plan Review and Fees Recruired

A The Building Inspector shall review the site plan to insure it is in
conformance with this ordinance, and all other applicable laws.
Thereafter he shall forward the plan to the Board of Trustees for
referral within fifteen. (15) days to the Planning Board, Village
Engineer, and other agencies for review as appropriate.

B . Upon acceptance of the site plan as completed by the Building
Inspector, the applicant shall submit a fee within two days to the
Village Clerk equal to .25% of the total building and land improvement
cost up to a maximum of $2,000.00.

C . within thirt,' , (30) days of its receipt cf the application for site plan
approval from the Board of Trustees, the agencies shall review it and
notify the 2oard of Trustees in writing of its comments or
recommendations.

D . Within sixty (60) days of its receipt of the application for site plan
approvai, the Board of Trustees shall act on it and nctlf,,, the Planning
Board, Building Inspector, village Clerk and applicant of its action.
This tj@me period may be extended by the Board Of Trustees or by
-written request of the applicant. In determining Its action the Board
of Trustees may conduct a public hearing if deemed appropriate. Th e
Board of Trustees action shall be in the form of a written report of
approval or disapproval of the site plan. 11-i approving the site plan,
the Board of Trustees may impose conditions Iiinitincr the use and the
occupancy of the land or proposed buildings consistent with the intent
and purposes of the Zoning ordinance. If the Board of Trustees
disapprove, it shall state its reasons.

E Except, for subdivisions that have been duly filed in the office of the
County Clerk, @f construction of the approved development has not
commenced within two (2) years from the time of site plan approval,
that appi@oval shall be deemed revoked. Extensions of this period may
be granted by the Board of Trustees.

F. The Board of Trustees review of the site plan shall include, but not
be limited to, the following general considerations:

(1) Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.

T, deq
uacy and arrangement of vehicular traffic, access and
circulation, including intersections, road widths,
pavement surfaces, -1i,,,,iders Fand traffic controls.
L

(3) Location, arrangement, appearance and sufficidncy of
off-street parking and loading.

(4) Adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(5) Adequacy of stormwater and drainage facilities.

A-16

(6) Adequacy of water supply and sewage disposal facilities.

(7) Adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buffer between
the development parcel and adjoining lands, including the
maximum retention of existing vegetation.

(8) Adequacy of fire lanes and other emergency zones and the
provision of fire hydrants.

(9) Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to
ponding, flooding and/or erosion.

(10) Use of proper and adequate screening devices between parking
and service areas viewed from public roads or public parklands.

(11) Consistency between the site plan and the Village's adopted
LWRP.

(12) Quality and adequacy of views from those scenic vistas descri
bed in Policy 25A of the Village's adopted LWRP.

(13) Attractiveness of the proposed use or structure(s) as viewed
from the Niagara River.

(14) Adequacy of design and function of waterfront improvements
such as bulkheads, docking facilities, launch ramps and sea
walls.

(15) For development within the waterfront or Waterfront Commercial
Zoning District compliance with the design standards listed in
sections 2-65 and 2-76 respectively of this ordinance.

(16) For development within the Waterfront Bluff overlay District
compliance with the provisions of Section 2-041F , of this
ordinance.

K. Severability

If any clause, sentence, paragraph, or part of this local law * or
application thereof to any person or circumstances shall be adjudged
by any court to be invalid, such judgment shall not affect, impair, or
invalidate the reaminder thereof or the application thereof to other
persons and circumstances but shall be confined in its operation to the
clause, sentence, paragraph, or part thereof and the persons and
circumstances directly involved in the controversy in which such
judgment shall have been rendered.

L. Effective Date.

This local law shall take effect immediately upon filing with the
Secretary of State of the State of New York.

A-17

ATTACHMENT B

LOCAL CONSISTENCY LAW

AND COASTAL ASSESSMENT FORM
0

LOCAL CONSISTENCY LAW FOR THE VILLAGE OF YOUNGSTOWN

This Local Waterfront Revitalization Program (LWRP) Consistency Law for the
Village of Youngstown, N.Y. requires all Type I and Unlisted actions (as defined
by the State Environmental Quality Review Act (SEQRA) implementing regulations)
that would be directly undertaken, approved, or funded by the Village to be
reviewed by the Board of Trustees for consistency with the Village of Youngstown
LWRP-

ARTICLE I. GENERAL PROVISIONS

Section 1.1 TITLE

This local law shall be known and may be cited as the Village of Youngstown
LWRP Consistency Law.

Section 1.2 - PURPOSE

The purpose of this local law is to provide for the protection and
beneficial use of the natural and man-made resources within the Village
of Youngstown waterfront area by ensuring that certain actions to be
undertaken, approved, or funded by the Village will be undertaken in a
manner consistent with the policies and purposes of the Village of
Youngstown Local Waterfront Revitalization Program. The consistency
review, while triggered by SEQRA, is a free standing review conducted by
the Board of Trustees.

Section 2.3 - AUTHORITY

This law is adopted under.Section 10 of the Municipal Home Rule Law and
Article 42 of the Executive Law.

Section 1.4 - APPLICABILITY

All agencies of the Village of Youngstown shall comply with this local
law, prior to directly undertaking, approving, or funding any action within
the waterfront area when such action is classified as Type I or Unlisted
under Part 617 or Title 6 of the official compilation of Codes, Rules and
Regulations of the State of New York.

Section 1.5- SEVERABILITY

The provisions of this local law are severable. If any part of this local
law is found invalid, such findings will apply only to the particular
provision and circumstances in question. The remainder of this local law,
and the application of the disputed provision to other circumstances, will
remain valid.

Section 1.6 - DEFINITIONS

(a) "Action" means either a "Type I" or "Unlisted" action as defined in
SEQR regulations at NYCRR 617.2.

B-3

(b) "Consistent" means the action will be fully in compliance with.and
will not hinder any of the Vi?.lage of Youngstown LWRP Policy
standards and conditions.

(d) "EIS" means Environmental Impact Statement as defined at 6NYCRR
617.2 (m).

(e) "Local Waterfront Revitalization Program (LWRP)Ilmeans the local
program to implement the NYS Coastal Management Program within the
Village of Youngstown approved by the Secretary of State pursuant
to the Waterfront Revitalization and a Coastal Resources Act of 1981
(Article 42 of the Exe6utive Law of New York State), a copy of which
is on file in the office of the clerk of the Village of Youngstown.

(f) "Part 617" means the State Environmental Quality Review Regulations
(Part 617 of Title 6 of the Official Compilation of Codes, Ruies and
Regulations of the State of New York).

(g) 11SEQR11 means the State Environmental Quality Review Act (Article 8
of the Environmental Conservation Law, which is Chapter 43-h of the
Consolidated Laws of the State of New York-).

(h) "Village" means the Village of Youngstown.

(i) "Village Agency" means any board, department, office, other bodies
or officers of the Village of Youngstown.

(j) "Board of Trustees" means the Board of Trustees of the Village of
Youngstown.

(k) 11CAF1' means Coastal Assessment Form as adopted by the Village.

(1) "Waterfront Area" means that portion of the New York State Coastal
Area within the Village of Youngstown as delineated in the Village
of Youngstown Local Waterfront Revitalization Program.

(m) All other terms for which definitions are given in SEQR and/or Part
617 shall have the same meanings in this local law.

(n) "Planning Board" means the Village of Youngstown Planning Board.

B-4

ARTICLE II CONSISTENCY REVIEW PROCEDURES

Section 2.1 INITIAL REVIEW

2.1.1 As early as possible in the formulation of Type I or an Unlisted action,
the agency shall prepare a Coastal Assessment Form (CAF) to assist with
the consistency review, however, when an applicant submits an application
to a Village agency for an approval of an action, the applicant shall
prepare a CAF.

The Board of Trustees or a Village agency when proposing to
undertake, approve, or fund a Type I or Unlisted action in the
waterfront area, shall prepare or cause to be prepared a Waterfront
Assessment Form (WAF) for the proposed action. Following the
preparation of an Environmental Impact Statement or the issuance of
a negative declaration pursuant to SEQR, a Village agency shall refer
the WAF, and Environmental Impact Statement (EIS) or other pertinent
information for that action to the Board of Trustees for review and
determination regarding the action's consistency with the policies
and purposes of the LWRP.

Section 2.2 - CONSISTENCY DETERMINATION

2.2.1 Prior to its undertaking, approving, or funding of a proposed Type
I or Unlisted action in the waterfront area, and for each action
referred by a Village agency pursuant to section 2.1, the Board of
Trustees shall either:

(a) Determine that the action will not substantially hinder achieving
the LWRP Policy Standard and conditions; or

(b) Determine that the action will substantially hinder achieving the
LWRP standards and conditions

(c) If the Board of Trustees determines that the action will cause a
substantial hindrance to the achievement of the LWRP policy standards
and conditions, such action will not be undertaken unless the Village
Board determines with respect to the proposed project that:

1. no reasonable alternatives exist which would permit the action
to be undertaken in a manner which will not substantially
hinder the achievement of such LWRP policy standards and
conditions;

2. the action would be undertaken in a manner which will minimize
all adverse affects on such LWRP policy standards and
conditions to the maximum extent practicable; and
3. the action wiil result in an overriding village, regional or
statewide public benefit.

Such a finding shall constitute a determination that the action is
consistent.

B-5

2.2.2 The Board of Trustees shall complete its review of the proposed
action's consistency and prepire e written finding to the referring
Village agency within thirty (30) days of the referral date. The
Board of Trustees may refer such actions for review to any municipal
agency. Such agencies include but ate not limited to the Village
Attorney, Department of Public Works, and Planning Board.

2. 2. 3 The wr itten- findings of the Board of Trustees shall be filed with the
Village Clerk before the action is undertaken, approved, or funded.

No action shall be undertaken, approved, or funded unless the
Board of Trustees, determines its consistency with the general intent
of, the LWRP by a finding pursuant to either 2.2.1(a) or 2.2.1(b)
above.

Section 3.1- EFFECTIVE DATE

This iocal law shall take effect immediately after the following have both
occurred:

1. Approval of the Village of Youngstown Local Waterfront Revitalization
Program by the Secretary of State in accordance with Article 42 of
the Executive Law of New York State, and

2. Filing of the local law in the office of the Secretary in accordance
with Section 27 of the Municipal Home Rule Law.

B-6

VILLAGE OF YOUNGSTOWN

WATERFRONT ASSESSMENT FORM

(a) Applicants shall complete this assessment form for actions which are
subject to the Village of Youngstown Local Consistency Law. This
assessment is intended to supplement other information used by the Village
of Youngstown in making determinations of significance pursuant to the New
York State Environmental Quality Review Law. If it is determined that an
action will not have a significant effect on the environment, this
assessment is intended to assist the Village in arriving at their decision
as to consistency as required by Section 2.2 of Local Law No. 2 of 1989
(Local Consistency Law).

(b) If any question in subsection (e) on this form is answered "yes" then the
proposed action may affect the achievement of the coastal policies
contained in the Village of Youngstown Local Waterfront Revitalization
Program. Thus, the action should be analyzed in more detail and, if
necessary, modified prior to either (1) making a determination of
consistency pursuant to Section 2.2 of Local Law No. 2 of 1989 or (2) if
the action is one for which the findings required thereunder. If an action
cannot be determined as consistent with the general intent of the LWRP,
it shall not be undertaken.

(c) Before answering the questions in subsection (e), the preparer shall review
the COdStal policies as explained in the Village of Youngstown Local
Waterfront Revitalization Program. Actions should be evaluated as to their
beneficial and adverse effects upon the coastal area.

(d) Description of Action

1. Type of Action

------------- (a) Directly undertaken, pursuant to:
(b) Funding pursuant to:
(c) Permit(s), pursuant to:
(d) Planning activity(ies), pursuant to:
(e) Rule, regulation, procedure, policy-making,
pursuant to:
(f) Construction, alteration of structure(s)

2. Location of Action; fill in blank(s) as applicable:

Applicant

3. Anticipated State Date of Action
Month/Day/Year

4. Will the action require funding, and/or approval by a federal
agency(ies)? if yes, which federal agency(ies)?

(e) Coastal Assessment YES NO

B-7

1. Will the action result in a large physical
change to a site or physically alter more
than 20,000 square feet of land if said land
is located west of Main Street, or five acres
if elsewhere.within the Village?

2. Will the action have any significant visual
effect upon the bluff or Youngstown Harbor as
viewed from Constitution Park, or Waterfront
Park?

3. Will the action significantly affect existing
development of future water-dependent uses?

4. Will the action require new of expanded public
services or infrastructure into undeveloped or
.low density areas of the Village?

5. Does the action involve an energy facility not
,.subject to Article VII or VIII of the New York
State Public Service Law?

6. Will the action be located in or significantly
affect development on the bluff west of Main
Street that functions as a natural protection
feature.against erosion?

7. Does the action involve mining, excavation or
dredging within the Niagara River?

8. Will the action result in a reduction of existing
or potential public access to or along the shore?

9. Does the action involve the sale or change in
use of publicly-owned lands adjacent to the
coastline?

10. Will the action affect,existing.or potential
recreation opportunities?

If you answered yes to one or more questions in subsection (e) on this form,
briefly And precisely describe the nature and extent of the proposed action in
the space below, and submit a copy to:

Office of the Mayor
Youngstown Village Hall
PO Box 168
240 Lockport Street
Youngstown, NY 14174

Preparer's Name: Telephone No.:

Organization: Date:

B-8

ATTACHMENT C
0
PROCEDURES FOR LOCAL REVIEW OF
PROPOSED STATE AND FEDERAL ACTIONS

NEW YORK STATE DEPARTMENT OF STATE
COASTAL MANAGEMENT PROGWI

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

PURPOSES OF GUIDELINES

A. The Waterfront Revitalization and Coastal Resources Act (Article 42 of
the Executive Law) and the Department of State's regulations (19 NYCRR
Part 600) require certain state agency actions identified by the
Secretary of State to be consistent to the maximum extent practicable
with the policies and purposes of approved Local Waterfront
Revitalization Programs (LWRPs). These guidelines are intended to
assist state agencies in meeting that statutory consistency
obligation.

B. The Act also requires that state agencies provide timely notice to the
situs local government whenever an identified action will occur within
an area covered by an approved LWRP. These guidelines describe a
process for complying with this notification requirement. They also
provide procedures to assist local governments in carrying out their
review responsibilities in a timely manner.

C. The Secretary of State is required by the Act to confer with state
agencies and local governments when notified by a local government
that a proposed state agency action may conflict with the policies and
purposes of its approved LWRP. These guidelines establish a
procedure for resolving such conflicts.

DEFINITIONS

A. Action means:

1. A "Type 1" or "Unlisted" action as defined by the State
Environmental Quality Review Act (SEQR);

2. occurring within the boundaries of an approved LWRP; and

3. Being taken pursuant to a state agency program or activity which
has been identified by the Secretary of State as likely to affect
the policies and purposes of the LWRP.

B. Consistent to the maximum extent practicable means that an action will
not substantially hinder the achievement of any of the policies and
purposes of an approved LWRP and, whenever practicable, will advance
one or more of such policies. If an action will substantially hinder,
any of the policies or purposes of an approved LWRP, then the action
must be one:

1. For which no reasonable alternatives exist that would avoid or
overcome anv substantial hindrance;

2. That will minimize all adverse effects on the policies or purposes
of the LWRP to the maximum extent practicable; and

3. That will result in an overriding regional or statewide public
benefit.

C. Local Waterfront Revitalization Program or LWRP means a progran
prepared and adopted by a local government and approved by the
Sec,retary of State pursuant to Executive Law, Article 42; which
program contains policies on the management of land, water and
man-made resources, proposed land uses and specific projects that are
essential to program implementation.

NOTIFICATION PROCEDURE

A. When a state agency is considering an action as described in II above,
the state agency shall notify the affected local government.

B. Notification of a proposed action by a state agency:

1. Shall fully describe the nature and location of the action;

2. Shall be accomplished by use of either the State Clearinghouse,
other existing state agency notification procedures, or through
any alternative procedure agreed upon by the state agency and
local government;

3. Should be provided to the local official identified in the LWRP of
the situs local government as early in the planning stages of the
action as possible, but in any event at least 30 days prior to the
agency's decision on the action.(The timely filing of a copy of a
completed Coastal Assessment Form with the local LWRP official
should be considered adequate notification of a proposed action.)

C. If the proposed action will require the preparation of a draft
environmental impact -statement, the filing of this draft document with
the chief executive officer can serve as the state agency's
notification to the situs local government.

IV.: LOCAL GOVLIU*TMT REVIEW PROCEDURE

A. Upon receipt of notification from a state agency, the situs local
government will be responsible for evaluating a proposed action
against the policies and purposes of its approved LWRP. Upon request
of the local official identified in the LWRP, the state agency should

promptly provide the situs local government with whatever additional
information is available which will *assist the situs local government
to evaluate the proposed action.

B. If the situs local government cannot identify -any conflicts between
the proposed action and the applicable policies and purposes of its
approved LWRP, it should inform the state agency in writing of its
finding. Upon receipt of the local goverment's finding, the state
agency may proceed with its conside;ation of the proposed action in
accordance with 19 NYCRR Part 600.

C. If the situs local government does not notify the state agency in
yriting of its finding within the established review period, the state
-agency may then presume that the proposed action does not conflict
with the policies and purposes of the municipality's approved LWRP.

D. If -the situs local goverment notifies the state agency in @,,ritAing
that the proposed action does conflict with the policieb and/or
purposes of its approved LWRP, the state agency shall not proceed with
its consideration of, or decision on, the proposed action as long as
the Resolution of Conflicts procedure established in V below shall
apply. The local government shall forward a copy of the identified
conflicts to the Secretary of State at the time when the state agency
is notified. In notifying the state agency, the local government shall
identify the specific policies and purposes of the LWRP with which the
proposed action conflicts.

V. RESOLUTION OF CONFLICTS

A. The following procedure applies whenever a local government has
notified the secretary of State and state agency that a proposed
action conflicts with the policies and purposes of its approved LWRP.

1. Upon receipt of notification from a local government that a
proposed action conflicts with its approved LWRP, the state? agency
should contact the local LWRP official to discuss the content of
the identified conflicts and the means for resolving them. A
meeting of state agency and local government representatives may
be necessary to discuss and resolve the identified conflicts.
This discussion should take place within 30 days of the receipt of
a conflict notification from the local government.

2. If the discussion between the situs local government and the state
agency results in the resolution of the identified conflicts,
then, within seven days of the discussion, the situs local
government shall notify the state agency in writing, with a copy
forwarded to the Secretary of State, that all of the identified
conflicts have been resolved. The state agency can then proceed
with its consideration of the proposed action in accordance with
19 KYCRR Part 600.

3. If the consultation between the situs local government and the
state agency does not lead to the resolution of the identified
conflicts, either party may request, in writing, the assistance of
the Secretary of State to resolve any or all of the identified
conflicts. This request must be received by the Secretary within
15 days following the discussion between the situs local
government and the state agency. The party requesting the
assistance of the Secretary of State shall forward a copy of their
request to the other party.

4. Within 30 days following the receipt of a request for assistance,
the Secretary or a Department of State official or employee
designated by the secretary, will discuss the identified conflicts
and circumstances preventing their resolution with appropriate
representatives from the state agency and situs local government.

5. If agreement among all parties cannot be reached during this
discussion, the Secretary shall, within 15 days, notify both
parties of his/her findings and recommendations.

6. The state agency shall not proceed with its consideration of, or
decision on, the proposed action as long as the foregoing
Resolution of Conflicts procedures shall apply.

2/l/85

Procedural Guidelines for Cocrdinating KYS DOS & LWRP
Consistency Rexiew oi Federal A&ency Actions

DIRECT ACTIONS

1. Af ter acknowledging the receipt of a consistency determination and
supporting documentation from a federal agency, DOS will forward copies
of the determination and other descriptive information on the proposed
direct action to the program coordinator (of an approved LWRP) and other.
interested parties.

2. This notification will indicate the date by which all comments and-
recommendations must be submitted to DOS and will identify the
Department's principal reviewer for the proposed action.

3. The review period will be about twenty-five (25) days. If comments and
recommendations are not received by the date indicated in the
notification, DOS will presume that the municipality has "no opinion" on
the consistency of the proposed direct federal agency action with local
coastal policies.

4. If DOS does not fully concur with and./or has any questions on the
comments and recommendations submitted by the municipality, DOS will
contact the municipality to discuss any differences of opinion or
questions prior to agreeing or disagreeing with the federal agency's
consistency determination on the proposed direct action.

5. A copy of DOS' "agreement" or "disagreement" letter to the federal agency
will be forwarded to the local program coordinator.

PERKIT ANM LICENSE ACTIONS

1. DOS will acknowledge the receipt of an applicant's consistency
certification and application materials. At that time, DOS will forward
a copy of the submitted documentation to the program coordinator and will
identify the Department's principal reviewer for the proposed action.

2. Within thirty (30) days of receiving such information, the program
coordinator will contact the principal reviewer for DOS to discuss: (a)
the need to request additional information for review purposes; and (b)
any possible problems pertaining to the consistency of a proposed action
with local coastal policies.

3. When DOS and the program coordinator agree that additional information is
necessary, DOS will request the applicant to provide the information. A
copy of this information will be provided to the program coordinator upon
receipt.

4. Within thirty (30) days of receiving the requested additional information
or discussing possible problems of a proposed action with the principal
';-eviewer for DOS, whichever is later, the program coordinator will notify
DOS of the reasons why a proposed action may be inconsistent or consistent
vith local coastal policies.

- 2 -

5. After that notification, the program coordinator will submit the
municipality's written comments and recommendations on a proposed permit
action to DOS before or at the conclusion of the official public comment
period.
If such comments and recommendations are not forwarded to DOS by
the eLd of the public comment period, DOS will presume that the
municipality has "no opinion" on the consistency of the proposed action
with local coastal policies.

6. If DOS does not fully concur with and/or has any questions on the
comments and recommendations submitted by the municipality on a proposed
permit action, DOS will contact the program coordinator to discuss any
differences of opinion prior to issuing a letter of "Concurrence" or
11objection" letter to the applicant will be forwarded to the program
coordinator.

7. A copy of DOS' "Concurrence" or "objective" letter to the applicant will
be forwarded to the program coordinator.

FINANCIAL ASSISTANCE ACTIONS

1. Upon receiving notification of a proposed federal financial assistance
action, DOS will request information on the action from the applicant for
consistency review purposes. As appropriate. DOS will also request the
applicant to provide a copy of the application documentation to the
program coordinator. A copy of this letter will be forwarded to the
coordinator and will serve as notification that the proposed action may
be subject to review.

2. DOS will acknowledge the receipt of the requested information and provide
a copy of this acknowledgement to the program coordinator. DOS may, at
this time, request the applicant to submit additional information for
review purposes.

3. the review period will conclude thirty (30) days after the date on DOS'
letter of acknowledgement or the receipt of requested additional
information, whichever is later. The review period may be extended for
major financial assistance actions.

4. The program coordinator must submit the municipality's comments and
recommendations on the p@o-posed action to DOS within twenty days (or
other time agreed to by DOS and the program coordinator) form the start
of the review period received within this period, DOS will presume that
the municipality has "no opinion" an the consistency of the proposed
financial assistance action with local coastal policies.

5. If DOS does not fully concur with and/or has any questions on the
comments and recommendations submitted by the municipality, DOS will
contact the program coordinator to discuss any differences of opinion or
questions prior to notifying the applicant of DOS' consi:stency decision.

6. A copy of DOS' consistency decision letter to the applicant will be
forwarded to the program coordinator.

US Department of Commerce
-NOAA Coaftal Servicco C3m, ter Library
2234 South Hobs,-nn Avcnuc
Charleston, SC 20405-2413

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