[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Kisco 2-26-2018 by L.L.
No. 2-2018. Amendments noted where applicable.]
The purpose of this chapter is to protect natural resources in the Village/Town of Mount Kisco by adopting a Natural Resources Inventory, as it may be amended from time to time, thereby enabling management and use of natural resources to protect the rights of residents, both present and future, to clean air, pure water, and the natural, scenic, and aesthetic values of the environment, as set forth in Article XIV, Section 4 of the New York State Constitution. The mapping of natural resources by the Village/Town of Mount Kisco, in accordance with the New York General Municipal Law § 239-y and the Village/Town of Mount Kisco Comprehensive Plan, constitutes the Village/Town of Mount Kisco's Natural Resources Inventory (NRI). This chapter, adopted pursuant to New York Municipal Home Rule Law, § 10(1)(ii)(a)(11), requires that all new development subject to approvals by any Mount Kisco agency shall take into consideration the Village/Town of Mount Kisco NRI when the application has been determined to require either an environmental impact statement (EIS) or a supplemental environmental impact statement (SEIS).
It is the intent of the Village/Town of Mount Kisco to establish
and continue with its NRI review process to guide land use development
decision-making, by facilitating New York State Environmental Quality
Act (SEQRA), requirements during reviews of proposed subdivision,
site plan, special use permit, wetlands, variance and rezoning applications
that have been required to include the preparation of an EIS or SEIS,
and by incorporating protection of natural resources into the design
of projects. The NRI shall be used as a basis for identifying natural
and cultural resources on a property subject to Village/Town of Mount
Kisco review of applications where such review has required the preparation
of an EIS or SEIS. However, due to the generalized nature of the NRI,
and the specificity of an onsite assessment survey, neither the NRI
nor an onsite assessment survey shall serve as a substitute for the
other.
Specific resources identified in the NRI shall be incorporated
into the lead agency's review process. These NRI resources are
to include, but are not limited to:
A.
Water resources including aquifers; streams and waterbodies with
their state water quality classification; floodplains; wetlands and
vernal pools, whether or not they are protected by local, state or
federal regulations.
B.
Vegetation including community types; forested areas; grasslands,
meadows, and shrublands; significant trees defined as all trees over
four inches in diameter at four feet above the natural grade, trees
at the limit of their range, and trees over 100 years old; New York
State listed endangered, threatened, rare, and exploitable vulnerable
plants or the New York State rare plant status lists; locally significant
vegetation; rare or high quality examples of natural ecological communities;
streams and riparian habitats; tidal wetlands and shoreline habitats;
unfragmented habitat blocks and significant biodiversity areas; and
vegetation resources on parcels that connect to such resources on
adjoining or nearby public lands/protected areas.
C.
Wildlife "species of greatest conservation need," as defined by the
State of New York, including but not limited to breeding birds, reptiles,
amphibians and mammals.
D.
Geology and soils with particular attention to hydric, prime farmland,
and soils of statewide significance.
E.
Elevation, aspect and slope including rock outcrops, steep slopes
of 10% to 15% and 15% or greater, ridgelines, stone walls, and unique
geologic features.
F.
Cultural resources including locally significant as well as state
and national historic sites, buildings, and districts; scenic resources;
recreation resources; agricultural districts; active farmland; and
lands conserved through public ownership or private conservation restrictions.
Use of the NRI review process is required for all subdivision,
special permit uses, uses requiring site plan approval, or other Village/Town
of Mount Kisco development reviews that are subject to any application
for which an EIS or SEIS is required by the lead agency. Each application
shall include in the DEIS (draft EIS) or DSEIS, a conservation analysis,
consisting of inventory maps, description of the land, and an analysis
of the conservation value of various site features identified from
the NRI. The conservation analysis shall show lands with conservation
value, including but not limited to: land exhibiting recreational
historic, ecological, water resource, scenic or other natural resource
value, as shown in the NRI.
This chapter shall be deemed an exercise of power of the Village/Town
of Mount Kisco to preserve and improve the quality of the physical
and visual environment on behalf of the present and future inhabitants
thereof. This chapter is not intended and shall not be deemed to impair
the powers of any other public corporation.
Except as defined herein, all words used in this chapter shall
carry their everyday dictionary definition. Unique terms used throughout
this chapter are defined as follows:
Any area characterized by natural scenic beauty or whose
existing openness, natural conditions or present state of use, if
preserved, would enhance the present or potential value of abutting
or surrounding development or would establish a desirable pattern
of development or would offer substantial conformance with the planning
objectives of the Village/Town of Mount Kisco or would maintain or
enhance the conservation of natural or scenic resources.
The open space inventory and natural resources inventory
maps after acceptance and approval by the Board of Trustees of the
Village/Town of Mount Kisco.
An inventory of open areas within the Village/Town of Mount
Kisco with each such area identified, described and listed according
to priority of acquisition or preservation.
