[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-30-1986 by L.L. No. 7-1986]
Under regulations issued by the State of New
York pursuant to § 8-0113 of the State Environmental Quality
Review Act [Section 617.4(j) of the New York Codes, Rules and Regulations],
a local agency may designate specific geographic areas within its
boundaries as "critical areas of environmental concern" (also called
"critical environmental areas" or "CEA's"). The cited regulations
set forth criteria for such designation. The intent of this article
is to designate certain areas in the Village of Larchmont which meet
those criteria as "critical environmental areas," thereby affording
them the protections against adverse actions prescribed by law and
regulations for such areas [Section 617.12(a)(11) of the New York
Codes, Rules and Regulations].
The Village of Larchmont finds, on the basis of detailed study by the Coastal Zone Management Committee and the Conservation Advisory Commission, that the areas described in § 321-3 below meet the prescribed criteria referred to in § 321-1 in that each of them contains important tidal or freshwater wetlands and an abundance of fish and wildlife, as described in detail in Section II of the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont, and that each of them has an exceptional or unique character as one or more of the following:
A.
A benefit to public health and public safety through
absorption of stormwater and mitigation of pollution.
B.
An important fish and wildlife habitat.
C.
An aesthetically important area of open space in an
otherwise highly developed residential area.
D.
A setting for environmental education, quiet recreation
and appropriate cultural activities.
E.
An area possessing great sensitivity to ecological
change arising from actions in or contiguous to the area.
In accordance with the authority granted by
Section 617.4 of Title 6 of the New York Codes, Rules and Regulations,
the following geographic areas are designated as "critical areas of
environmental concern":
A.
Pine Brook - Premium Border. See Schedule A attached to this chapter for detailed legal description and Map 1 attached to this chapter for visual description.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter, and Map 1 is on file in the office of the Village Clerk.
B.
Hommocks Border. See Schedule B attached to this chapter for detailed legal description and Map 2 attached to this chapter for visual description.[2]
[2]
Editor's Note: Schedule B is included at the end of this chapter, and Map 2 is on file in the office of the Village Clerk.
The designation(s) contained herein shall take
effect 30 days after filing of notification with the New York State
Commissioner of Environmental Conservation that the above areas have
been designated as "critical areas of environmental concern."
[Adopted 7-6-1987 by L.L. No. 3-1987]
Under regulations issued by the State of New
York pursuant to § 8-0113 of the State Environmental Quality
Review Act [Section 617.4(j) of the New York Codes, Rules and Regulations],
a local agency may designate specific geographic areas within its
boundaries as "critical areas of environmental concern" (also called
"critical environmental areas" or "CEA's"). The cited regulations
set forth criteria for such designation. The intent of this article
is to designate an additional area in the Village of Larchmont which
meets those criteria as a "critical environmental area," thereby affording
to it the protections against adverse actions prescribed by law and
regulations for such areas [Section 617.12(a)(11) of the New York
Codes, Rules and Regulations].
The Village of Larchmont finds, on the basis
of detailed study by the Coastal Zone Management Commission, that:
A.
The aboveground portion of East Creek, as shown on
the map attached to this article and as described in Section II(8)
of the Local Waterfront Revitalization Program adopted by the Village
of Larchmont and the Town of Mamaroneck in 1986, has an exceptional
and unique character as an aesthetically important area of open space
adjacent to a highly developed area, as a setting for environmental
education and quiet recreation and as an area possessing quiet sensitivity
to ecological change arising from actions in or contiguous to the
area.
B.
Environmental disturbance in or near East Creek, especially
apt to occur where it flows above ground, tends to aggravate problems
of siltation and pollution downstream in the Hommocks Marsh, an environmentally
sensitive and valuable tidal marsh shared between the Village of Larchmont
and the Town of Mamaroneck, their respective portions of which are
included in areas designated by them in 1986 as critical environmental
areas called, respectively, the "Hommocks Border" (Village of Larchmont)
and the "Hampshire - Hommocks Salt Marsh Complex" (Town of Mamaroneck).
Protection and restoration of the Hommocks Marsh is called for in
the Local Waterfront Revitalization Program under Policies 7 and 7A
(fish and wildlife habitats) and under Policies 44 and 44A (tidal
and freshwater wetlands).
C.
Section IV(b)(10) of the Local Waterfront Revitalization
Program calls for action to correct existing deteriorated conditions
in the aboveground portion of East Creek. To have lasting effect,
such action should be accompanied by protective legislation to help
prevent such conditions from recurring.
D.
The stream bed of East Creek in its aboveground portion
lies partly in the Village of Larchmont and partly in the unincorporated
area of the Town of Mamaroneck. Accordingly, CEA status can best be
conferred on this area by action of both municipalities. On March
18, 1987, the Town Board adopted a local law conferring CEA status
on those parts of the subject area lying within its jurisdiction.
In accordance with the authority granted by Section 617.4 of Title 6 of the New York Codes, Rules and Regulations, the East Creek Border is hereby designated as a "critical area of environmental concern." See Schedule C attached to this chapter for detailed legal description, and Map 1 attached to this chapter for visual description.[1]
[1]
Editor's Note: Schedule C is included at the end of this chapter, and Map 1 is on file in the office of the Village Clerk.
The designation contained herein shall take
effect 30 days after filing of notification with the New York State
Commissioner of Environmental Conservation that the above area has
been designated as a "critical area of environmental concern."
