This chapter will be known as "Chapter
159 of the Code of Ordinances" and shall be entitled "The City of Newburgh Conservation Advisory Council."
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Action as defined in NYCRR 617.2(b).
AGENCY
Any board, agency, department, office, other body or any
officer of the City of Newburgh.
ARBORIST
The professional retained by the City to perform services
with regard to the selection, identification, treatment and removal
of trees.
COASTAL ASSESSMENT FORM (CAF)
The form contained in Appendix A, used by an agency to assist
it in determining the consistency of an action with the Local Waterfront
Revitalization Program.
CONSISTENT
That the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program is both a plan
and a program. The term refers to both the planning document prepared
by the City, as well as the program established to implement the plan
The LWRP contains the City's policies and recommendations, consistent
with the coastal management policies of the state, to promote beneficial
waterfront development enhanced by or dependent on the City's waterfront
resources and in balance with protection of its natural coastal resources.
The Local Waterfront Revitalization Program of the City of Newburgh,
approved by the Secretary of State pursuant to the Waterfront Revitalization
and Coastal Resources Act (Executive Law Article 42), is on file in
the office of the Clerk of the City of Newburgh.
NATURAL RESOURCE INVENTORY
A compilation of the natural resources of the City, including
locations appropriate for expansion of natural resources, areas appropriate
for green infrastructure, and open areas, as defined by New York General
Municipal Law § 239-y, and of the ownership, present use
and proposed use of such areas, described and listed according to
the priority of preservation. This compilation shall be maintained
in a usable format; the primary purpose of the Natural Resource Inventory
is to provide data that can provide a basis for municipal planning
to maintain or enhance the conservation of natural or scenic resources.
OPEN SPACE MAP
A visual and geographically accurate representation of the
natural resources and open areas contained in the Natural Resource
Inventory that has been accepted and approved by the City Council.
PARK
All public parks that have individual names.
PUBLIC AREAS
All other grounds owned by the City of Newburgh, County of
Orange.
PUBLIC TREES
All shade and ornamental trees growing in the City's rights-of-way,
parks or any public areas where otherwise indicated.
SEQRA
The New York State Environmental Quality Review Act, which
requires local legislatures and land use agencies to consider, avoid,
and mitigate significant environmental impacts of the projects that
they approve, the plans or regulations they adopt, and the projects
they undertake directly.
SHRUBS
Woody plants with many more-or-less erect stems.
SIGNIFICANT ACTIONS
An action that may have a significant adverse impact on the
environment as determined under NYCRR 617.7.
STREET AND RIGHT-OF-WAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for the purposes of vehicular or pedestrian traffic.
TREES
All woody plants having one well-defined stem or a more-or-less
definitely formed crown and attaining a height of at least 15 feet
and a diameter of not less than two inches at maturity.
WATERFRONT AREA
That portion of New York State coastal waters and adjacent
shorelands, as defined in Article 42 of the Executive Law, which is
located within boundaries of the City of Newburgh, as shown on the
Coastal Area Map on file in the office of the Secretary of State and
as delineated in the City of Newburgh Local Waterfront Revitalization
Program.