This section shall apply to all land within the Village of Coxsackie
which contains natural resource constraints. These natural resource
protection standards are not intended to be substituted for other
general zoning district provisions, but can be superimposed over district
provisions and should be considered as additional requirements to
be met by the applicant or developer prior to project approval.
The purpose of these natural resource protection standards is
to provide special controls over land use and development located
in critical ecological landscapes identified by the Village of Coxsackie.
The standards and procedures are designed to identify, protect, conserve,
enhance, restore and maintain significant natural features and the
ecological connections among them. The use of these standards shall:
A.
Reduce the amount of nutrients, sediment, organic matter, pesticides
and other harmful substances that reach watercourses, wetlands or
subsurface water bodies.
B.
Protect steep slopes and other areas of erosion or potential erosion
to the greatest extent possible by minimizing the impacts in these
areas by properly managing disturbances.
C.
Identify and maximize the retention of existing natural plant communities
which constitute significant wildlife habitat and upland habitat for
threatened and endangered plant and wildlife species and species of
special concern, a valuable natural resource of the community.
D.
Protect remaining large, contiguous environmentally sensitive areas
from activities which would alter their ecological integrity, balance
or character.
E.
Improve and maintain the safety, reliability and adequacy of the
water supply for domestic, agricultural, commercial, industrial and
recreational uses along with sustaining diverse populations of aquatic
flora and fauna.
F.
Retain areas of annual flooding, floodplains, water areas and wetlands
in their natural state to the maximum possible extent to preserve
water quality and protect water retention, overflow and natural functions.
As used in this article, the following terms shall have the
meanings indicated:
A designated area along the perimeter of a wetland, fish
and wildlife habitat or other critical area that is regulated either
on a seasonal or permanent basis to minimize the impact of adjacent
activities, such as human-related disturbances.
A specific geographic area having exceptional or unique environmental
characteristics area and designated a critical environmental area
by the Village of Coxsackie.
Habitat where endangered, threatened or sensitive species,
or species of local importance, have been documented or are known
to exist as confirmed by state or federal agencies.
Those species of fish, shellfish, crustacea and wildlife
designated by the New York State Department of Environmental Conservation
as seriously threatened with extinction in the state; or species listed
as endangered by the United States Department of the Interior in the
Code of Federal Regulations (CFR) [50 CFR 17.182.1a(1)].
The process by which habitats are subdivided into smaller
patches, resulting in increased isolation of the patches, loss of
total habitat area and increased edge effects.
A plan prepared to address preservation/restoration and management
of significant or essential wildlife habitat and which is approved
by the Village in accordance with this article. The management plan
describes and depicts the location of areas to be preserved, including
any protective buffers. The plan indicates the location of individuals
of listed species, their nest sites, dens, burrows, feeding locations,
roosting and perching areas and trails, as appropriate. The plan identifies
habitat management activities and contains an action plan with specific
implementation activities, schedules and assignments of responsibilities.
Soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper soil.
A ecological corridor in which the complete range of community
ecosystem processes continue to operate through time, thereby allowing
plants and animals to move through these physical conditions.
Vegetation on a site or plant species which are indigenous
to the area in question or, if the site has been cleared, species
of a size and type that were on the site or reasonably could have
been expected to have been found on the site at the time it was cleared.
A fund established for the purpose of acquisition, restoration
and management of significant or essential wildlife habitat. The fund
shall be managed by a local government or a nonprofit land conservation
organization.
An area of land in the Village of Coxsackie, or the immediately
adjacent areas, which is approved by the Village as appropriate for
off-site preservation of upland habitats as provided in this article
and which is in either public or private ownership or has been acquired
by a nonprofit land conservation organization for the purpose of being
used as a land bank for the preservation or restoration of land.
Any area, whether or not located on a single lot, having
a topographical gradient of 15% (the ratio of vertical distance to
horizontal distance) or more and with a minimum area of 500 square
feet, one dimension of which is a minimum of 10 feet. For purposes
of this definition, area measurements must be made along a horizontal
plane from within the boundaries of a lot.
Funding provided for the long-term management of habitat
preservation areas.
An elongated depression in the land surface that is at least
seasonally wet, is usually heavily vegetated and is normally without
flowing water. Swales direct stormwater flows into primary drainage
channels and allow some of the stormwater to infiltrate into the ground
surface.
Those species of fish and wildlife, designated by the New
York State Department of Environmental Conservation, which are likely
to become an endangered species within the foreseeable future throughout
all or a significant portion of their range or are species listed
as threatened by the United States Department of the Interior in the
Code of Federal Regulations [50 CFR 17.182.1(a)(1)].
Any natural or artificial, intermittent, seasonal or permanent
and public or private water body or water segment. A water body is
intermittently, seasonally or permanently inundated with water and
contains a discernible shoreline and includes ponds, lakes and reservoirs.
A watercourse includes rivulets, brooks, creeks, streams, rivers and
other waterways flowing in a definite channel with beds and banks
and usually in a particular direction.
All areas that comprise hydric soils and/or are inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of hydrophytic vegetation as defined by Federal Interagency
Committee for Wetlands Delineation 1989; Federal Manual for Identifying
and Delineating Jurisdictional Wetlands; United States Army Corps
of Engineers; United States Environmental Protection Agency; United
States Fish and Wildlife Service; and U.S.D.A. Soil Conservation Service,
Washington D.C., Cooperative Technical Publication. Wetland areas
include vernal pools, wet meadows, marshes, swamp, bogs and similar
wet areas. Wetlands also include jurisdictional and nonjurisdictional
wetlands as defined by current policy of the United States Army Corps
of Engineers.
A specified area surrounding a wetland or watercourse that
is intended to provide some degree of protection to the wetland or
watercourse from human activity and other encroachment associated
with development. The buffer shall be subject to the regulations for
wetlands and watercourses as defined in this chapter.
A landscape feature that facilitates the biologically effective
transport of animals between larger patches of habitat dedicated to
conservation functions. Such corridors may facilitate several kinds
of traffic, including frequent foraging movements, seasonal migrations
or the once-in-a-lifetime dispersion of juvenile animals. These may
be transitional habitats and need not contain all the habitat elements
required for the long-term survival or reproduction of migrants.
The requirements of these natural resource protection standards
shall apply to all development activities within the Village of Coxsackie
with the exception of the following:
A.
Land alteration activities for development improvements pursuant
to a subdivision preliminary plat and subdivision construction plans
which were approved prior to the effective date of this chapter.
B.
Land alteration activities for development improvements pursuant
to a final, unexpired commercial or individual site plan which was
approved prior to the adoption of this chapter.
C.
Land alteration activities for development improvements to a single-family
or two-family residential lot in single-lot ownership. This exemption
shall not apply to a minor subdivision.
Under these standards, final density calculations in all zoning
districts shall be determined by exclusion of critical environmental
areas.
A.
All water bodies, watercourses and wetlands shall be excluded from
the land area used by an applicant for development in the calculation
of permitted densities for construction.
B.
Also excluded in the calculation shall be all land areas with a slope
of 50% or greater and 50% of all land areas where the slope is in
excess of 15% but less than 50%.
C.
Areas of significant wildlife habitat, including landscape linkages
and wildlife corridors, shall be excluded from the land areas used
by an applicant for development in the calculation of permitted densities
for construction.
Steep slopes have been or are in jeopardy of being destroyed
by unregulated regrading, filling, excavation, building, clearing
and other such acts which are inconsistent with the natural condition
or acceptable uses of steep slopes. Steep slopes are environmentally
sensitive landforms and valuable natural resources. The environmental
sensitivity of steep slopes often results from such features as shallow
soils over bedrock, bedrock fractures groundwater seeps or watercourses
and wetlands found on or adjacent to steep slopes. Steep slopes shall
include and be characterized as follows:
A.
All areas in the Village of Coxsackie within 50 feet of the top of
a slope of 15% or greater when the area of steep slope exceeds 4,000
square feet.
B.
The Village of Coxsackie Planning Board may consult other information,
including, but not limited to, soil survey reports prepared by the
Soil Conservation Service, topographic maps produced by the United
States Geologic Service, field surveys and other appropriate sources
in order to more accurately locate and delineate steep slopes.
This section of the standards is to provide for the protection
and improvement of watercourses within the Village of Coxsackie. The
standards establish protective buffer areas and establishes restrictions
to activities within those buffer areas.
A.
Watercourse buffer areas. These standards shall apply to any activities
proposed within buffer areas of watercourse features as designated
below:
(1)
All land within 50 feet, horizontal distance, of the center line
of any perennial stream as designated by a solid blue line on United
States Geological Survey Topographical Maps (7.5 minute series).
(2)
All land within 50 feet, horizontal distance, of the center line
of any intermittent stream as designated by a broken blue line on
United States Geological Survey Topographical Maps (7.5 minute series).
(3)
All land within 25 feet, horizontal distance, of the center line
of any other watercourse.
(4)
All lands within 50 feet, horizontal distance, of the mean high tide
mark of the Hudson River or the tidal portions of its tributaries.
(5)
The above buffer requirements may be adjusted at the Planning Board's
discretion for planned developments subject to PDD regulations.
B.
General standards. It is the objective of these standards to promote
the establishment of heavily vegetated areas of native vegetation
and trees in order to reduce the impact of stormwater runoff, reduce
sedimentation and increase infiltration and base flows in the Village's
streams and lakes. All lands within a designated buffer area defined
above shall be left in an undisturbed, naturally vegetated condition.
Supplemental planting and landscaping with appropriate species of
vegetation to achieve these objectives shall be permitted. The specific
standards for the vegetation and maintenance of stream buffers are
as follows:
(1)
The clearing of trees that are not dead, heavily damaged by ice storms
or other natural events, or diseased, and the clearing of any other
vegetation other than invasive species is not permitted.
(2)
Any areas within a required stream buffer that are not vegetated
or that are disturbed during construction shall be seeded with a naturalized
mix of grasses rather than standard lawn grass. If the construction-related
disturbance to the buffer area impacts tree or shrub species, the
disturbed area shall be restored using the same species of trees and
shrubs.
(3)
Buffer areas shall not be mowed more than one time per calendar year
after establishment. Mowing of buffer areas shall not be undertaken
until after August 15 of each year in order to prevent impacts to
ground-nesting species. Mowing for agricultural activities is exempt
from this requirement.
(4)
The creation of lawn areas within stream buffers is not permitted
after the effective date of these regulations.
(5)
Snow storage areas designated pursuant to site plan or PDD review
shall not be located within stream buffers unless the applicant can
demonstrate that there is no reasonable alternative location for snow
storage on the same property and measures such as infiltration areas
or enhanced buffer vegetation have been incorporated into the site
plan and/or stormwater treatment system to reduce the potential for
erosion and contaminated runoff entering the associated watercourse
as a result of snow melt.
(6)
Agriculture, horticulture and forestry, including the keeping of
livestock, is allowed, provided that any building or structure appurtenant
to such uses is located outside the watercourse buffer. Livestock-based
agricultural operations are encouraged to minimize livestock impacts
within the buffer area to the maximum extent possible.
(7)
Encroachments necessary to rectify a natural catastrophe for the
protection of the public health, safety and welfare are allowed. Such
encroachments shall be undertaken so as to minimize the impact, and
every reasonable effort shall be made to restore the site after the
activity is completed.
(8)
Encroachments are allowed as necessary for providing for or improving
public facilities in those cases where there is no reasonable alternative
to impacting the buffer area.
(9)
Public recreation paths, located at least 10 feet from the edge of
the channel of the surface water. Outdoor recreation facilities are
allowed, provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the watercourse
buffer.
(10)
Stormwater treatment facilities meeting the New York State Stormwater Design Manual Guidelines may be allowed in the designated buffer area when the treatment facilities utilize practices which maximize biological activity in the treatment of stormwater. All facilities must be built in full accordance with the design parameters as set forth in the NYSDEC guidelines. Stormwater treatment practices that are allowed in the buffer are included in Chapter 6 of the New York State Stormwater Design Manual and include:
(a)
P-1 Micropool extended detention pond.
(b)
P-2 Wet pond.
(c)
P-3 Wet extended detention pond.
(d)
P-4 Multiple pond systems.
(e)
P-5 Pocket pond.
(f)
W-1 Shallow wetland.
(g)
W-2 Extended detention shallow wetland.
(h)
W-3 Pond/wetland system.
(i)
W-4 Pocket wetland.
(j)
F-5 Bioretention.
(k)
O-2 Wet swale.
(11)
Roadways or access drives for purposes of crossing a stream
buffer area to gain access to land on the opposite side of the buffer,
or for purposes of providing safe access to an approved use, in cases
where there is no feasible alternative for providing safe access and
the roadway or access drive is located at least 10 feet from the edge
of the channel of the surface water.
(12)
Utility lines, including power, telephone, cable, sewer and
water, to the extent necessary to cross or encroach into the stream
buffer where there is no feasible alternative, for providing or extending
utility services.
C.
Preexisting structures. Expansion and construction of preexisting
structures within the designated buffer areas may be approved by the
Village of Coxsackie Planning Board as a conditional use, provided
the requirements of the underlying zoning district and the following
standards are met:
(1)
The structure to be expanded or reconstructed was originally constructed
on or prior to adoption of these standards. For purposes of these
regulations, expansion may include the construction of detached accessory
structures, including garages and utility sheds.
(2)
The expanded or reconstructed structure does not extend any closer,
measured in terms of horizontal distance, to the applicable high water
elevation or stream center line than the closest point of the existing
structure.
(3)
The total building footprint area of the expanded or reconstructed
structure shall not be more than 50% larger than the footprint of
the structure lawfully existing on the date of the adoption of these
standards. For purposes of these regulations, reconstruction may include
razing the existing structure and/or foundation and constructing a
new structure in accordance with the provisions of the underlying
zoning district regulations and this section.
(4)
An erosion control plan for construction is submitted by a licensed
engineer or other qualified professional [i.e., certified professional
in erosion and sediment Control (CPESC)], detailing controls that
will be put in place during construction or expansion to protect the
associated surface water.
(5)
A landscaping plan showing plans to preserve, maintain and supplement
existing trees and ground cover vegetation is submitted, and the Village
of Coxsackie Planning Board finds that the overall plan will provide
a visual and vegetative buffer for the lake and/or stream.
D.
Watercourse alteration and relocation. The alteration, relocation
or culverting of a watercourse shall be discouraged and is only permitted
subject to the review of the Village of Coxsackie Planning Board.
Approval of alternation, relocation or culverting of a watercourse
may only be allowed under the conditions below. In making findings
relative to these criteria, the Village of Coxsackie Planning Board
shall be authorized to invoke technical review, at the applicant's
expense, by a suitable professional in hydrology or geomorphology
and/or to rely on the issuance of a stream disturbance permit (Article
15, Environmental Conservation Law)[1] issued by the NYSDEC.
(1)
The activity is necessary to accomplish a clear public purpose or
objective.
(2)
The activity will not reduce the ability of the watercourse to carry
or store floodwaters adequately.
(3)
The activity will not have an adverse impact on downstream or upstream
water quality.
(4)
The activity will not affect adversely the use and enjoyment of adjacent
properties.
(5)
The activity will not affect adversely the habitat value of the watercourse
or immediately adjacent areas or wetlands.
[1]
Editor's Note: See Environmental Conservation Law § 15-0101
et seq.
It is the purpose of this section to provide appropriate protection
of the Village's wetland resources in order to protect wetland functions
and values related to surface water and groundwater protection, wildlife
habitat and flood control.
A.
Applicability of standards. These wetland protection standards shall
apply under the flowing conditions:
(2)
A protected buffer of 50 feet, horizontal distance, surrounding the
boundary of any such wetland, with the exception of NYSDEC jurisdictional
wetlands which have buffer of 100 feet regulated by New York State,
shall be subject to the provisions of this section.
(3)
All wetlands shall be delineated by a qualified professional and
clearly indicated on an applicant's site map.
B.
Field delineation and wetlands report. All applicants shall be required
to provide for the review and approval of the Village of Coxsackie
Planning Board a wetland delineation and associated report.
(1)
Applicants shall submit site-specific field delineations indicating
the location of all wetlands on the property.
(2)
Delineations shall include NYSDEC-regulated wetlands as well as jurisdictional
and nonjurisdictional wetlands that meet the criteria for wetlands
under federal standards.
(3)
Delineation of wetland buffer areas, including 100 feet for NYSDEC-regulated
wetlands and 50 feet for all other wetlands.
(4)
Under no circumstances shall published NYSDEC or National Wetland
inventory maps be used as a substitute for field delineation. Applicants
are encouraged to submit a field delineation and wetlands report as
early in the development review process as possible.
(5)
The Village of Coxsackie Planning Board shall have the authority
to invoke technical review, at the applicant's expense, by a qualified
wetlands consultant, of any field delineation and wetlands report.
C.
Standards for wetlands protection. The applicant shall be required
to meet or exceed the following wetland protection standards:
(1)
Consistent with the purposes of this section, encroachment into wetlands
and buffer areas is generally prohibited.
(2)
The encroachment(s) will not adversely affect the ability of the
property to carry or store floodwaters adequately.
(3)
The encroachment(s) will not adversely affect the ability of the
proposed stormwater treatment system to reduce sedimentation according
to state standards.
(4)
The impact of the encroachment(s) on the specific wetland functions
and values identified in the field delineation and wetlands report
is minimized and/or offset by appropriate landscaping, stormwater
treatment, stream buffering and/or other mitigation measures.
Areas that contain wildlife and wildlife species are a natural
resource of local, statewide, national and global significance. Wildlife
plays important roles in maintaining ecosystems through ecological
interactions such as predation, pollination and seed dispersal, as
well as provides valuable educational and recreational opportunities.
Wildlife populations can only be sustained if adequate measures are
taken to maintain the habitats they require and the ecological connections
between them. Habitat protection enables wildlife to persist in a
region, as well as enables the continuation of vital natural processes.
Poorly planned land development has fragmented ecosystems.
A.
Habitat assessments. Prior to the submission and review of sketch
plans or initiation of SEQRA, applicants must complete a thorough
assessment of wildlife habitats. Habitat assessments shall identify
species of conservation concern that use, or may use, the existing
habitat. Assessments of habitat must include both site-specific assessments,
as well as an assessment of the on-site habitat in the context of
the broader surrounding landscape. Habitat assessments shall be conducted
using the following guidelines:
(1)
Resources. For the purpose of providing habitat descriptions, the
following resources are acceptable:
(2)
Habitat assessment scope. Assessment of existing habitat and potential
impacts must be based on the appropriate level of assessment. For
the purpose of developing a habitat assessment report, assessments
should include, but are not limited to, the following items:
(a)
Soils, bedrock geology and topography.
(b)
Habitat descriptions, including acreage of all habitat types,
both as a quantity (i.e., acres) as well as a summary of habitat types
as a percentage of the total site.
(c)
Dominant vegetation as well as secondary vegetative communities.
(d)
Connections with adjacent habitat.
(e)
Assessment of habitat quality or condition, including productivity.
(f)
Summary of amount of each type of habitat to be impaired or
lost due to project activity.
(g)
Habitat evaluation of all wetlands and watercourses (perennial
and intermittent) on site, regardless of regulatory status or jurisdiction.
(h)
Rarity of the habitat type both in the context of federal or
state listings as well as local interest in species conservation (i.e.,
grasslands).
(i)
Habitat size as well as spatial distribution both on-site and
in the context of off-site habitat (fragmentation).
(j)
Habitat fragility, its susceptibility to disturbance both natural
and human induced.
(k)
Habitat monitoring and data collection on specific use of the
site by various species.
(3)
Species of conservation concern. For the purpose of these standards,
species of conservation concern shall include those species which
are designated on the lists cited below. Many of these species are
restricted to specialized habitat with specific physical or biological
features. When appropriate habitat is present on site, it must be
assumed that species which utilize that habitat are present or could
be present in the future.
(4)
Habitat assessment report. Applicants are responsible to submit to
the Village of Coxsackie Planning Board, and/or its designee, a detailed
habitat assessment report. The report shall utilize the following
format.
(a)
Title page. Include the name of the subdivision/project, report
date, applicant and contact information for report preparer.
(b)
Project description. Include a location map and adequate information
to summarize the full scope of the project and its impacts. For multiphase
projects, all phases of the project must be included.
(c)
Methods. Cite sources of information, including existing or
new studies, maps, reports, agency inquiries, aerial photographs and
on-site evaluations/observations, assessment methodologies or protocols,
etc.
(d)
Results and findings. Discuss the site overview with habitat
descriptions, indicators of habitat quality, habitat map (to scale),
soils map and vegetation/wildlife list. Use tables to summarize information
for Planning Board review. Discuss species of conservation concern
both on-site and in the broader landscape.
(e)
Project impacts. Present the direct, secondary and cumulative
impacts of the project on habitat resources.
(f)
Summary.
(g)
References cited.
B.
Habitat preservation. When a proposed project will have a significant
impact on a species of conservation concern, a habitat protection
plan will be submitted by the applicant for the review and approval
of the Village of Coxsackie Planning Board. The habitat protection
plan shall contain the following information, as a minimum, and will
be subsequently used as part of the environmental review process.
Development of a habitat protection plan is a condition of approval
for discretionary permit(s) and/or construction permits. The habitat
protection plan shall include:
(1)
Habitat preservation report. Applicants shall prepare and submit
a detailed habitat preservation strategy which includes, but is not
limited to:
(a)
A description of the nature, density and intensity of the proposed
development in sufficient detail to allow analysis of such land use
change upon the protected fish or wildlife habitat.
(b)
The applicant's analysis of the effect of the proposed development,
activity or land use change upon the fish and/or wildlife species.
(c)
A plan by the applicant which shall explain how he will mitigate
any adverse impacts to protected fish or wildlife habitats created
by the proposed development. On critical habitats such as grasslands,
applicants shall seek to provide habitat protection on a 1:1 ratio,
with one acre of protected habitat provided for every acre of habitat
impacted by development. Protected habitat can be accomplished directly
by the applicant using on-site or off-site mitigation, or by contribution
to a conservation banking program. The Village of Coxsackie Planning
Board shall have the final approval on the proposed habitat protection
strategy and may, at the applicant's expense, consult with local or
state agencies, as well as qualified professionals, to determine if
the habitat mitigation offered is appropriate for the habitat impacts
proposed.
(d)
A description of how the applicant will assure long-term protection
and management of the habitat to be protected.
(2)
Habitat preservation map. Applicants shall prepare and submit a map(s),
prepared at an easily readable scale, which indicates the components
of the habitat preservation strategy. The map shall include, but is
not limited to:
(a)
The location of the proposed development site. Include a map
that shows the location of the site and any conservation lands within
five miles of the site.
(b)
The relationship of the development to the adjacent habitat
area.
(c)
The nature and density of the proposed development or land use
change.
(d)
Proposed building locations and arrangements.
(e)
A legend which includes a complete and accurate legal description
of the parcel, title, scale and north arrows, and date, including
revision dates if applicable.
(f)
Existing structures and landscape features, including the name
and location of all watercourses, ponds and other bodies of water.
(3)
Habitat preservation strategy. The applicant shall prepare for the
review and approval of the Village of Coxsackie Planning Board a habitat
preservation strategy that includes, but is not limited to:
(a)
Establishment of buffer zones and/or enhancement of existing
buffer zones by planting indigenous plant species.
(b)
Establishment of on-site habitat protection areas.
(c)
Establishment of off-site habitat protection areas.
(d)
Contribution to a local habitat land banking program.
(e)
Seasonal restriction of construction or site use activities.
(4)
On-site habitat preservation.
(a)
On-site preservation shall be considered the most desirable
alternative to protect upland habitat and plant and wildlife species.
However, in some cases protection of upland wildlife habitat or upland
habitat for endangered or threatened species or species of special
concern will be best accomplished through off-site preservation. On-site
preservation shall be recommended only when the site is supporting
by itself, or in combination with off-site lands, a viable population,
nesting pair or nesting colony of a listed animal species, and sufficient
management capabilities exist to manage the habitat to maintain the
viable population, nesting pair or nesting colony of the listed animal
species.
(b)
Where on-site preservation opportunities exist within a development,
the site or sites selected for on-site preservation shall be the best
suited to likely maintain a viable population or natural plant community(ies).
The selection of on-site habitat protection shall be based upon the
following:
[1]
Protectability and manageability of the site;
[2]
The size and shape of the site. Emphasis should be on not creating
enclaves of development or areas fragmented by development. Provide,
where appropriate, adequate buffers from the secondary impacts of
development and effective wildlife corridors;
[3]
The contiguity of the site with significant or essential wildlife
habitat off-site;
[4]
The existing species' population sizes at the site;
[5]
The life history requirements of the species involved;
[6]
The proximity and accessibility of the site to other populations
of the same species; and
[7]
The compatibility of preservation of the site with adjacent
land uses.
(c)
On-site habitat preservation, including the establishment of
any required buffers, shall be accomplished through the designation
of the preserved areas as a preservation area, as appropriate, on
all development plans and plats.
(5)
Off-site habitat preservation. When the amount of wildlife habitat
available for preservation on site will not be effective to meet species'
needs, or if the available on-site habitat cannot be adequately managed,
the applicant may elect to mitigate for his/her impact through off-site
preservation. The off-site preservation requirement may be fulfilled
either directly by preserving land off-site or indirectly by contributing
to an off-site conservation fund. Additionally, the Village of Coxsackie
Planning Board may allow for off-site habitat preservation when the
applicant participates in a broader regional habitat preservation
plan such that the applicant's contribution helps meet a habitat preservation
goal that exceeds the value of habitat preservation on-site. In such
instances the following criteria shall be met:
(a)
The off-site preservation site shall be associated with a broader,
regional approach to habitat preservation (i.e., Greene County Grassland
Management Plan) or must have a clearly documented benefit due to
the relationship between the proposed off-site preservation areas.
(b)
Off-site preservation sites shall be for the purpose of restoring
(if applicable), preserving and maintaining natural areas in perpetuity.
(c)
The off-site habitat preservation site shall be of the same
habitat type and quality (or higher quality) than the habitat proposed
for impact or the habitat available for preservation on site or be
land which can be restored to the same type of habitat as the natural
plant community being impacted.
(d)
Off-site preservation sites for listed species shall be biologically
manageable and appropriate habitat for the wildlife or plant species
requiring protection or land which can be restored to such habitat.
An off-site preservation site shall be acre-for-acre compensation
for on-site habitat impacts.
(e)
Off-site preservation areas shall give priority to additions
of land to existing publicly managed areas held for conservation purposes
or other suitable sites recommended for preservation or restoration
by a state or local land conservation agency or organization. Alternatively,
the developer may propose another site within an ecosystem, watershed
or river basin in proximity to the habitat being adversely impacted
on site by development.
(f)
The developer shall acquire, at its sole cost and expense, fee
simple title or a conservation easement and shall transfer or convey
such title or easement of an appropriate off-site preservation site
to a governmental agency or nonprofit land conservation agency or
organization.
(g)
The applicant demonstrates to the satisfaction of the Village
of Coxsackie Planning Board that any proposed off-site habitat preservation
will be adequately funded, both of the direct acquisition as well
as the long-term stewardship, and there are appropriate mechanisms
in place to insure that the off-site preservation will be successfully
accomplished. The applicant will be required to submit copies of executed
contracts, funding agreements, description of stewardship fees, easements
or other information to document the details of the off-site habitat
preservation.
(6)
Preservation area management. Additionally, the applicant shall submit
a management plan for the habitat area to be preserved. The management
plan shall ensure the continued, adequate and appropriate management
of the preservation area and the continued protection of the site
from adverse impacts. The management plan shall include, but is not
limited to:
(a)
Description of the long-term management structure, including
the roles and responsibilities of the applicant as well as any participating
regulatory or conservation agency/organization. The preferred way
of protecting open space is for the applicant to provide deed covenants
and restrictions acceptable to the Village Attorney. Conservation
easements will also be considered in a case where they are transferred
to a conservation organization or to a homeowners' association acceptable
to the Village.
(b)
Description of the proposed funding mechanism to meet long-term
habitat preservation area management requirements, including copies
of any contracts or funding agreements between the applicant as well
as any participating conservation agency or organization.
(c)
If a conservation easement is acquired and transferred, a management
plan shall be developed in cooperation with the landowner which stipulates
the limitation on the use of the land and identifies the habitat management
activities, restoration activities and assignments of responsibility.
All easements shall reference the management plan.
(d)
The Village shall be granted third-party enforcement rights
to enforce the terms of all restrictions, easements or other legally
binding instruments. Such provisions shall include that the Village
shall be entitled to reimbursement for all costs, expenses and attorneys'
fees incurred in connection with such enforcement, to be collected
from the party against whom enforcement is sought.
(e)
Unless otherwise agreed to by the Planning Board, the cost and
responsibility of maintaining the habitat area shall be borne by the
homeowners' association, conservation organization or private owner(s).
The Planning Board shall have the authority to require a bond or other
security measure to ensure proper maintenance of the habitat area.
